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HomeMy WebLinkAboutOrdinance 4953 Doc ID : Recorded : 012%29%2006 atT03B56R18 PMS EL Fee Amt : $17 . 00 Paoe 1 of 4 f Mashinoton Countv . AR 1 Bette Stamos Circuit Clerk Flle2OO6-00052305 i ORDINANCE NO. 4953 AN ORDINANCE APPROVING VAC 06 - 2337 SUBMITTED BY KEVIN PITTMAN FOR PROPERTY LOCATED AT 1985 PURVA PLACE, VACATING A PORTION OF THE 25 FOOT UTILITY EASEMENT LOCATED LONG THE SOUTHERN PROPERTY LINE ADJACENT TO NEW BRIDGE ROAD 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 portion of the platted 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 Council of the City of Fayetteville, Arkansas hereby vacates and abandons 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. Section 3: That this vacation approval is subject to the conditions of approval as follows, and shall not be in effect until all conditions are met herein. 1. Any relocation of existing utilities shall beat the owner/ developer's expense. 2. Only that portion of the utility easement into which the home currently encroaches is vacated by this approval. 3. The portion of the home within the front BSB/ UE along Purva Place shall be removed pursuant to the Board of Adjustment decision on June 05, 2006 prior to t , commencement of construction on the new portion of the house or any additional interior work. C ,GST Y 0,c ;;p PASSED and APPROVED this 21St day of November, 2006. 3 FAYETTEVILLE ; APPROVED: ATTEST: < r�9;9/(ANSP�'J�'�c By: _ By: � �- U ,VGTONr ��`�� DAN COODY, Mayor / SONDRA SMITH, City Clerk r . EXHIBIT "A". VAC 06-2337 A PART OF LOT NUMBERED 14, BRIDGEPORT SUBDIVISION, PHASE 8, FAYETTEVILLE, ARKANSAS PER THE FINAL PLAT RECORDED IN PLAT BOOK 23 , PAGE 129 IN THE OFFICE OF THE CIRCUIT CLERK AND EX-OFFICIO RECORDER OF WASHINGTON COUNTY BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO-WIT: BEGINNING AT A POINT WHICH IS S87° 13 ' 00"E 57.36' AND NO3°40'06"E 7.89' FROM THE SOUTHWEST CORNER OF SAID LOT 14 AND RUNNING THENCE NO3040'06"E 17. 12' , THENCE S87013 ' 00"E 43 .441 , THENCE S02031 '20"W 17.73 ' , THENCE N86024'25"W 43.79' TO THE POINT OF BEGINNING. .. . .... . .... .. . . . . .. ... __. .. . . . .. . . , EXHIBIT "B" ..PLAT,) OF SURVEV (Dated o2 -,�t -os) VARIANCE REQUEST a 10.06 U.TE. o S 8TI3600` E , DETAIL: SCALE 1 inch = 30 feet . 126.056 1 T— I 25.0' 'W ELECTRIC EASEMENT � p BOOK 754 h PACE 483 1 � qt.f-dt Y3r 1 ( J io S (� 1 uD O -W c0 N W m 1 N O.Q • im � N M O28 tm h 1 N M� t Im O = O o E -cc e ' HOUSE HOUSE ¢ ( a D.hSlbc s tadR $ t -- ---------- ITItG L---- ase. a n t. 101.2 _ - N 87' 13' ` w . �t — NEW E ROAD _ ti En @OA - 'W19'°nd {� �iuddl>„�k}btRk- `� Gtl1 n•Lds T�svcl l„I G(y C�1 0' 50' 100' 150' eatrnYrf- GRAPHIC SCALE (IN FEET) 1 Inch = 500. 1 HEREBY CERTIFY THIS TO BE TRUE AND CORRECT : TO THE BEST OF MY KNOWLEDGE AND BELIEF SURVFYDESCRIPTION- ON THIS THE-__-DAY of __ . 2006- LOT NUMBERED 14, BRIDGEPORT aatt ttt tfflm, SUBDIVISION, PHASE 8, FAYETTEVILLE, ��`� j $ '�1 11�,,! ARKANSAS PER THE FINAL PLAT RECORDED `��• 4�+ ,,.••••••., �'Q IN PLAT BOOK 23, PAGE 129 IN THE O'FF'fCE :'STATE OF% OF THE CIRCUIT CLERK AND EX-OFFICIO ARKANSAS RECORDER OF WASHINGTON COUNTY. t NO. 1532 : v� c) : o = 11P`J'I Sku3tJ 8*xt�fL ` &Ju > R. L � LAT10 '''Tfffff fll Rall'`, G 10 4 /G v .r.,.n _�.�.�' :l an, en IF THE SIGNATURE 014 THIS SEAL IS HOT-AN Washington County, AR I certify this instrument .was filed on 1'2/29%2006 01 :36: 1.81pm ,and recard"ed ;in (Real (Estate File ;NumbeP2008`00052305 r' I Bette tSlamp"s - (Gircu'it lcl ',k; ' ii Qddj at a7uCa &A44n 11-1 /404 i�aDoi ALDERMAN AGENDA REQUEST FORM � 9sj FOR: COUNCIL MEETING OF November 21, 2006 FROM: Shirley Lucas ORDINANCE OR RESOLUTION TITLE AND SUBJECT: 1985 Purva Place easement vacation - Kevin Pittman AN ORDINANCE APPROVING VAC 06-2337 SUBMITTED BY KEVIN PITTMAN FOR PROPERTY LOCATED AT 1985 PURVA PLACE, VACATING A PORTION OF THE 25 FOOT UTILITY EASEMENT LOCATED ALONG THE SOUTHERN PROPERTY LINE ADJACENT TO NEW BRIDGE ROAD. APPROVED FOR AGENDA: Alderman Date I 1� ( ( l�-0-06 L my1Pa4e Date or f ent Planning City Council Meeting of November 21 , 2006 Agenda Item Number CITY COUNCIL AGENDA MEMO To: Mayor and City Council Thru : Gary Dumas, Director of Operations From: Jeremy C. Pate, Director of Current Planning Date: November 14, 2006 Subject: Easement Vacation for Pittman (VAC 06-2337) RECOMMENDATION Planning Staff recommends approval of an ordinance vacating a portion of a 25 ' utility easement located along the southern property line at 1985 Purva Place, adjacent to New Bridge Road. BACKGROUND This residential lot is identified as Lot 14 in the Bridgeport Subdivision, Phase 8 at 1.9.85 Purva Place. The subject property is an existing 25-foot utility easement located along . the southern property line adjacent to New Bridge Road. This easement is not being used by any utility providers. The requested easement vacation is due to a new residence on . the property that was constructed into the utility easement. A building permit was granted fora single family house in 2005 on the property, meeting all required 25-foot front setbacks. Upon inspection, the home was found to encroach within the Purva Place building setback/uiility easement (BSB/UE) and the New Bridge Road BSB/UE, A stop work order was issued by Building Safety and violation notices sent. In May of 2006, the original builder applied for variances of the building setback violations, a Board of Adjustment consideration. After deliberation, the Board of Adjustment denied the variance request on Purva Place, requiring the applicant to remove a portion of the home encroaching into the setback. On New Bridge Road, however, a special condition unique to this property was determined because of a change in the Master Street Plan right-of-way, and a variance for the building setback encroachment was approved. DISCUSSION Notification was provided to all appropriate utility representatives and adjoining property owners; there were no objections to this request. The Planning Commission voted 8-0-0 to forward this item to the City Council with a recommendation for approval. BUDGETIMPACT None. ORDINANCE NO. AN ORDINANCE APPROVING VAC 06-2337 SUBMITTED BY KEVIN PITTMAN FOR PROPERTY LOCATED AT 1985 PURVA PLACE, VACATING A PORTION OF THE 25 FOOT UTILITY EASEMENT LOCATED ALONG THE SOUTHERN PROPERTY LINE ADJACENT TO NEW BRIDGE ROAD. 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 portion of the platted 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 Council of the City of Fayetteville, Arkansas hereby vacates land abandons 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. Section 3 : That this vacation approval is subject to the conditions of approval as follows, and shall not be in effect until all conditions are met herein. I . Any relocation of existing utilities shall be at the owner/developer' s expense. 2. Only that portion of the utility easement into which the home currently encroaches is vacated by this approval. 3. The portion of the home within the front BSB/UE along Purva Place shall be removed pursuant to the Board of Adjustment decision on June 05, 2006 prior to commencement of construction on the new portion of the house or any additional interior work. PASSED and APPROVED this—day of., 2006. APPROVED : By: DAN COODY, Mayor ATTEST: By: SONDRA SMITH, City Clerk EXHIBIT "A" VAC 06-2337 A PART OF LOT NUMBERED 14, BRIDGEPORT SUBDIVISION, PHASE 8, FAYETTEVILLE, ARKANSAS PER THE FINAL PLAT RECORDED IN PLAT BOOK 231 PAGE 129 IN THE OFFICE OF THE CIRCUIT CLERK AND EX-OFFICIO RECORDER OF WASHINGTON COUNTY BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO-WIT: BEGINNING AT A POINT WHICH IS S87° 13 '00"E 57.36' AND NO3°40' 06"E 7. 89' FROM THE SOUTHWEST CORNER OF SAID LOT 14 AND RUNNING THENCE NO3040' 06"E 17. 12 ' , THENCE S87013 '00"E 43 .44' , THENCE S02031120"W 17.731, THENCE N86024'25"W 43 .79' TO THE POINT OF BEGINNING. EXHIBIT "B" PLAT • OF SURVEYY �U4t�i o2 -14-os) VARIANCE REQUEST 3 i I a 10.06, U.TIE. a S 8713400" E DEfAIf.: SCALE I inch = 30 feet 726.05' 7 �— 25.0' r._..-(o¢o I 125' ELECTRIC EASIDJENT I BOOK 754 8 QNiE 483 I �=gint-e� wRr i �9T 1 Oo ' ItlN W. m 1 e) lm v F m I n Ci o .. zo Y O • I ry Mrn )) Im ry Z. IA� rc ! 2 � �R-M•� Raol e ' HOUSE _ a T (� f HOUSE o_ k&oxl� Old' - --=---- ------'§ L---- Raw- --- - 101.2 f u.lr N 8713IN coP. 3S'r: T-{� NIA 4 h - _ NEIN E ROAD co _ IDA - > jt�Ftrar K why u.2ds by � sprat;9 04 50' 100' 150` {Tj YAC efis}�To�u1+� QaFsnb� GRAPHIC SCALE (IN FEP-n 1 Inch = 50R. I NEWBY CERTIFY THIS TO BE TRUE AND CORRECT TO THE BEST OF NY KNOWLEDGE AND BELIEF SURVEY DESCRIPTION: ON Trac TTIE- DAY OF __ . 2006. LOTNU BERED 141 BRIDGEPORT SUUBDIVISIION, PRASE 8, FAY=- VILLE, ``���• �tyl ST EJB ;'•,., ARKANSAS PER THE FINAL PLAT RECORDED0400004040 Q L, IN PLAT BOOK 23, PAGE 124 IN THE OFFICE STATE OFA'•, OF THE CIRCUIT CLERK AND EX-OFFICIO ARKANSAS RECORDER OF WASHINGTON COUNTY_ o NO. 1532 7 o _ ' = Q0, • ems ` ��� � �� ` .-0 W ocs- 'l0 D. ` . . IF THE SIGNATURE ON THIS SEAL 6 NOT-AN A 00jaL PC Meeting of November 13 , 2006 ARKANSAS THE CITY OF FAYETTEVILLE . ARKANSAS 125 W. Mountain St. Fayetteville, AR 72701 . PLANNING DIVISION CORRESPONDENCE Telephone: (479j 575-8267 TO: Fayetteville Planning Commission 'FROM: Andrew Garner, Senior Planner . Matt Casey, Assistant City Engineer THRU: Jeremy Pate, Director of Current Planning DATE: '`� oo Updated November 14, 2006 VAC 06-2337: (PITTMAN, 361): Submitted by KEVIN PITTMAN for property located at 1985 PURVA PLACE. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 0.31 acres. The request is to vacate a portion of a utility easement within the south setback to accommodate a non-conforming structure. Property Owner: Kevin Pittman Planner: Andrew Garner Findings: Property Description and Background: This property is identified as Lot 14 in the Bridgeport Subdivision, Phase 8, addressed at 1985 Purva Place at the northeast corner of New Bridge Road and Purva. The easement vacation is a portion of a 25-foot utility easement located along the southern property line adjacent to New Bridge Road. This subject portion of the easement is not being used by any utility providers. A building permit was granted for a single family house in 2005 on the property, meeting all required 25-foot front setbacks and 8-foot rear setbacks. Because the lot is a comer lot, it has two fronts and two sides. Additionally, the front building= setbacks are also dedicated as utility easements by the final plat of Bridgeport Phase 8. Dt7ring construction of the home, an inspector in the field contacted the Planning Division, noting that the house seemed to be close to New Bridge Road. Upon inspection, the home was found to encroach within the Purva Place building setback/utility easement (BSB/UE) and the New Bridge Road BSB/UE. A stop work order was issued by Building Safety and violation notices sent. In May of 2006, the original builder applied for variances of the building setback violations, a Board of Adjustment consideration. After deliberation, the Board of Adjustment denied the variance request on Purva Place, requiring the applicant to remove a portion of the home encroaching into the setback. On New Bridge Road, however, a special condition unique to this property was found, and a variance for the building A:\Rcpons\2006\PC Reports\I I-13-06\VAC 06-2337 (PiWnun).doc setback encroachment was approved. The special condition found involves the classification of New Bridge Road as a Collector Street on the Master Street Plan. Accordingly, 35 feet from centerline was dedicated with the platting of Bridgeport Phase 8 adjacent to this lot. However, previous phases of Bridgeport directly adjacent to this lot (to the west) were developed prior to this classification, and have reduced right-of-way. This allows the homes on New Bridge Road adjacent to the subject property to be located much closer to the street. Additionally, Purva Place extendsto the north of New Bridge ' Road and is a short, dead-end cul-de-sac because of the creek to the north. A turn lane to turn left (north) onto Purva Place is unlikely to be constructed, due to the very low volume of traffic needing to turn onto Purva Place from New Bridge Road. It was found that a variance was appropriate in this location, and the construction of the home in its present location was in keeping with the character of the neighborhood. Though this concluded the zoning violation matter, the construction of the home within a utility easement had .yet to be resolved. After a period of 60 days with no action, final violation notices were delivered. The owner of the property met with City staff to discuss the course of action. According to the property owner, the original builder of the home was fired and the owner is in the process of hiring a new builder to tear down the Purva side of the home and complete construction. A utility easement vacation for the portion of the house that is to remain is needed. Request: The applicant's request is to vacate a portion of the 25 ' utility easement in front of the house along New Bridge Road. The applicant has submitted the required notification forms to the utility companies and to the City with the result summarized below. UTILITIES RESPONSE Cox Communications No Objections Southwestern Electric Power Company No Objections Arkansas Western Gas No Objections AT&T/ Southwestern Bell Telephone No Objections CITY OF FAYETTEVILLE: RESPONSE Water/Sewer No objections Engineering No Objections Solid Waste No Objections Public Comment: Staff has not received public opposition to this vacation request. K:acponsU006U'C Reports\I 1 -13-06\VAC 06-2337 (Pigman).doc