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
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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�
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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; '
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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
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Raw- --- - 101.2 f
u.lr N 8713IN
coP. 3S'r: T-{� NIA 4
h - _ NEIN E ROAD
co _
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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 _
' =
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��� � �� `
.-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
Recommendation: Staff recommends approval of the proposed utility easement
vacation VAC 06-2337 with the following condition:
Conditions of Approval:
1. 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.
PLANNING COMMISSION ACTION: Les Required
Recommendation to be:
X Forwarded to City Council (recommendation for approval) _Denied
Motion: Clark
Second: Trumbo
Vote: 8-0-0
Date: November 13, 2006
Comments:
The "CONDITIONS
OF
APPROVAL", as
stated in
this report, are accepted in total
without exception by
the
entity requesting
approval
of this development item.
By
Title
Date
K:\Reports\2006\PC Reports\1 1-13-06\VAC 06-2337 (Pittman).doc
PLAT OF S
(-D4teci o2 -t4 -O6'
VARIANCE REQUEST
URVEV
10-0' U -I -E
S 8T13'O0" E
rAil,: SCALE I inch = 30 fret 126.05'
r.._.. (OEM i2rxW) ,
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J25- ELECTRIC EASEMENT I
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GRAPHIC SCALE (IN FI=:I-z l')
. I Inch = 500.
SURVEY DESCRIPTION:
LOT NUMBERED 14, 13RIDGEPOItT'
SUBDIVISION, PHASES, FAYETiEVILLE,
ARKANSAS PER THE FINAL PLAT RECORDED
IN PLAT B(K)K 23, PAGE 129 IN TI{E OFFICE
OF THE, CIRCUIT CLERK AND EX -OFFICIO
RECORDER OF WASHINGTON COUNTY_
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I HEREBY CERTIFY THIS TO BE TRUE AND CORRECT
TO THE BEST OF MY KNOWLEDGE AND BELIEF
ON TFtlS THE____OAY OF --------2006.
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To: The Fayetteville City Planning Commission and
The Fayetteville City Council
I am requesting a vacation of the building setback and utility
easement at 1985 Purva, lot 14 in Bridgeport.
The Board of Adjustments has approved the variance for the
vacation on the New Bridge side of the home.
The original builder, Jason Baxter, who built the home in the
setbacks and utility easement has since been fired. I have enclosed
an estimate from.the new builder on the job to tear down the
required 10' from the Purva side of the home (which is the garage
and bonus room). We will be building a new garage on the North
side of the home. We would appreciate an approval so we could
complete the home as soon as possible.
Kevin Pittman
479-263-8358
Estimate
Kevin Pittman
Garage Demo/Replace Cost Description
Tear Out 10' 1500
Temp Support Wall 650 Support Wall to hold house up
Remove concrete 550
Footing/Slab/Blocks 2600 Dig new footing, replace block, replace slab
Framing Material 1500 Lumber to Frame Structure,
Labor 1500 Frame Structure, Set Windows and Doors
Soffet/Facia 1600 Replace, complete soffet/Facia
Roofing 1250 Shingles, Felt, Flashing, Counterflashing
Clean Up 1600
Total to complete Job 12750 Turn Key Complete
Completion of House
Changes (Framing)
1250 Labor and Material
Plumbing Top Out
500 Rework Plumbing to accomadate changes
HVAC
12000 7 Ton all metal duct/Bryant or Carrier
Electrical
9750 up to 10 cans included
AlarmNac/Sound
0 Home Solutions
Insulation
4500 Cellulose, Sound walls--MBR,baths, Utility
Drywall
11750 Bullnose Corners, Knockdown
Trim
4000 Material --base, case, crown, shelving
Interior Doors
1250
Trim Labor
3250 All Trim, Closets, Stairs,
Flooring
9600 To Be determined, based Baxter Quoate
Cabinets
6500 Custom Maple, Toilet Uppers, Utility
Paint
8000 Interior/Exterior Paint, Labor, Material
,Plumbing Final
5000 Trim Out/Watson Plumbing
Appliances
2000 Allowance
Lighting Package
1800 Allowance
Countertops
8000 based on Baxter Bid, TBD Surface
Mirrors, Shower Doors
1200 Bath Mirrors, Shower Doors
Hardware Package
1000 towel racks, door knobs, toilet holders
Mail Box
300 Barcelona Black Box (Hearth and Home)
Clean Up
1500
Porch
3250 Labor and Material
Sidewalks/Porch
3000 Labor and Material
Landscape
6500 Irrigation, Sod, Front flowerbeds
Builder Fee
15000 2 year limited warranty
Total
120900 Plumbing, Lighting Package, Appliances
Flooring are allowances, price may fluxuate
based on your selections
22x25 Garage, Media Room
Scrape Lot 100
Dig Footings 300
Footing Material 750 Rebar, chairs, ties, concrete
Footing Labor 150
Blocks, Morter, Sand 500
Block Labor 350
Gravel Fill
500
Slab
Framing Materials
1500 Remesh, plastic, grade pins, concrete
•
Framing Labor
5750 16" 1 Joist, Double 24" LVL Header
Insulation
1600
Drywall
1500
Electrical
3750
Trim
2750
Paint
1750 Labor and Material
Driveway
2000 Labor and Material
Brick Labor
2750 Labor and Material
Brick and materials
1000
1500 Brick, Morter Sand
Facia/Soffit
1500
Builder Fee
Total Cost
3000 10 year structural, 2 year builder warranty
33000
Complete Job
Demo and Rebuild 12750
Complete Home 120900
Garage and Media 33000
Total 166650
t)'etIwi1k
ARKANSAS
113 W. Mountain St.
Fayetteville, AR 72701
PLANNING DIVISION CORRESPONDENCE Telephone: 575-830S
Violation Notice
August 21, 2006
Timothy & April Pittman
2275 E. Magnolia Dr.
Fayetteville, AR 72703
Re: Zoning Violation
Dear Mr. & Mrs. Pittman:
On June 5, 2006 the Board of Adjustment reviewed a'request for a setback reduction for a
new single-family home located at 1985 Purva Place. The request was for a 15' setback
on Purva Place (eastern property line -a 10' variance) and a 7' setback on New Bridge
Road (south property line -an 18' variance). The Board of Adjustment approved the 18'
setback variance as requested off of New Bridge Road right-of-way. However, there is
an existing 25' utility easement along New Bridge Road, into which the structure still
encroaches. The portion of the easement that is impacted by the structure must be
vacated by the City Council and approved by all utility representatives. If the vacation of
the easement is not approved, the portion of the structure which encroaches shall be
removed, regardless of any approvals by the Board of Adjustment for building setback
variances.
The second variance request along Purva Place was denied by the Board of Adjustment.
Therefore, the front 10' of the structure along Purva Place shall be removed out of the
building setback. At this time no action has been taken by the applicant or property
owner(s) to resolve these violations of City Ordinance. Given that the property is still in
violation of Chapters 161.07 and 166.12 of the City of Fayetteville Unified Development
Code and no attempt has been made to remedy said violations, it is recommended that the
Planning Division be contacted immediately to discuss an appropriate course of action.
You are hereby given notice to correct these violations within 30 days from receipt of this
letter. If the matter is not resolved to the satisfaction of the City at that time, the City
Prosecutor will be asked to take immediate action. If the violation is corrected prior to
the criminal summons being requested, you may contact the Planning Division for an
inspection to verify the violation has been corrected.
We are also writing to notify you of the serious nature of continuing the violation. A
violation of the provisions of this chapter shall constitute a misdemeanor. Any person
who violates this ordinance or rails to comply with any of its requirements shall upon
conviction thereof be fined not less than $25.00 and not more than $500.00. Each day
such violation continues shall be considered a separate offense.
The owner or tenant of any building, structure, premises, or part thereof, and any
architect, builder, contractor, agent, or other person who commits; participates in, or
maintains such violation [nay be found guilty ofa separate offense and suffer the
penalties provided.
The city may take such other lawful action as is necessary to prevent or remedy this
violation. If you have anyquestions or need more information regarding this letter,
please contact J Blair, Planning Technician, at 575-8308.
Sincerely,
ng or Current Planning
John Blair -Planning Technician
Jason Baxter
/61.07 District Rsf idential Single -Family —Four Units I .. Acre
(A) Purpose. The RSF-4 Residential District is designed to permit and encourage the
development of low density detached dwellings in suitable environments, as well as to protect
existing development of these types.
(13) Uses.
(1) Permitted uses.
Unit 1 City-wide uses by right
ft Unit a -Sin le -family dwelling
(2) Conditional uses.
(C) Density.
II - Single-family Two-family
1 dwellings dwellings
Ln vnw per aae I aor less 7 or less
(D) Bulk and area regulations.
(E) Setback requirements. Single Parnily Dwellings.
I
Side Rear
SitFront HHOD Side H51t. 15 ft.
(F) Height. Structures in this District arc limited to a building height of 45 feet as measured from
the lowest point of the structure at the historic grade. The height of a proposed structure may
only be increased above 45 feet by obtaining a variance after hearing by the Planning
Commission. Existing structures that exceed 45 feet in height shall be grandfalhered in, and
not considered nonconforming uses.
(G) Building area. On any lot the area occupied by all buildings shall not exceed 40% of the total
area of such lot.
(Code 1991, 160.031; Ord. No.4100, §2 (Ex. A), 6-16-98; Ord. No- 4178, 8-31-99; Ord No. 4855, 4-18-06; Ord. No. 4858, 4-18-06)
166.12 Structures Not Allowed Over Public Easements
No portion of any structure shall be built over any public utility easement.
ii kk Roi is E)d
UTILITY APPROVAL FORM
FOR RIGHT- OF- WAY,:ALLEY, AND
UTILITY EASEMENT VACATIONS
DATE: 10 1( I 1 Uv
UTILITY COMPANY: � Af_( n05LA51.)PSini Gtts ,/_
APPLICANT NAME: __ S �t tf wty (1l APPLICANT PHONE: 919-43 -R352 REQUESTED VACATION (applicant must check all that apply):
Utility Easement
Right-of-way for alley or streets and all utility easements located within the vacated right- of- way.
Alley
Street right-of-way
I have been notified of the petition to vacate the following (alley, easement, right-of-way), described as follows:
General location / Address (referring to attached document- must be completed**)
l u 7 p1v6 Pt4Lc r; d c,>Q Po l f
(ATTACH legal description and graphic representation of what is being vacated-SURVEI')
UTILITY COMPANY COMMENTS:
' No objections to the vacation(s) described above.
No objections to the vacation(s) described above, provided following described easements are retained.
(State the location, dimensions, and purpose below.)
No objections provided the following conditions are met:
of Utility Comeany Representative
Title
February 2006
Page 5
UTILITY APPROVAL FORM
FOR RIGHT- OF- WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
DATE: 10 i l] I
UTILITY COMPANY:
I/ �7
APPLICANT NAME: p KQVIJ i I�iV�A1' APPLICANT PHONE: Ml 1 - I�3- 2 JJ
REQUESTED VACATION (applicant must check all that apply):
Utility Easement
Right-of-way for alley or streets and all utility easements located within the vacated right- of- way.
Alley
Street right-of-way
I have been notified of the petition to vacate the following (alley, easement, right-of-way), described as follows:
General location / Address (referring to attached document- must be completed")
fir; d
Pkse 8
(ATTACH legal description and graphic representation of what is being vacated-SUR VEY)
UTILITY COMPANY COMMENTS:
No objections to the vacation(s) described above.
No objections to the vacation(s) described above, provided following described easements are retained.
(State the location, dimensions, and purpose below.)
T No objections provided the following conditions are met:
OFF(C(19-L Lccg t5 RECD ECorn RT£T t ft REco�l �
?c0Tl(xJE2 1N WAIN//JGrfDN Goua t `C
Signature of Utility Company Representative
Title
Febwar 2006
Page 5
UTILITY APPROVAL FORM
FOR RIGHT- OF- WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
DATE:
UTILITY COMPANY:0✓ht��U)f�l
APPLICANT NAME: j� � t (i ?i 1h a i - APPLICANT PHONE:
REQUESTED VACATION (applicant must check all that apply):
Utility Easement
Right-of-way for alley or streets and all utility easements located within the vacated right- of- way.
Alley
Street right-of-way
I have been notified of the petition to vacate the following (alley, easement, right-of-way), described as follows:
General location / Address (referring to attached document- must be completed**)
'4- Pose 8
(ATTACH legal description and graphic representation of what is being vacated -SUE VE}7
UTILITY COMPANY COMMENTS:
X. No objections to the vacation(s) described above.
No objections to the vacation(s) described above, provided following described easements are retained.
(State the location, dimensions, and purpose below.)
No objections provided the following conditions are met
of Utility Company Representative
Title J
Februaty 2006
Pape 5
UTILITY APPROVAL FORM
FOR RIGHT- OF- WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
DATE: 1 D 1 1 1 I CW
UTILITY COMPANY: F4€ ` ( 50 ( O Z n7 Q
APPLICANT NAME: FheJ t 4 Q t -�{ a PI APPLICANT PHONE: �, ' J— D 7 U
REQUESTED VACATION (applicant must check all that apply):
Utility Easement
Right-of-way for alley or streets and all utility easements located within the vacated right- of- way.
Alley
Street right-of-way
I have been notified of the petition to vacate the following (alley, easement, right-of-way), described as follows:
General location / Address (referring to attached document- must be completed**)
(ATTACH legal description and graphic representation of what is being vacated -SURVEY)
UTIOMPANY COMMENTS:
No objections to the vacation(s) described above.
No objections to the vacation(s) described above, provided following described easements are retained.
(State the location, dimensions, and purpose below.)
No objections provided the following conditions are met:
Signature ovltility.Company Representative
wEPCD )-a-w ocear
Title
February 2006
Pave i
UTILITY APPROVAL FORM
FOR RIGHT- OF- WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
DATE: 1o'(1 I'
UTILITY COMPANY: tLC 14-� KS Of6-`'r^l C
APPLICANT NAME: f l t u ^) ( *wt a r t1 APPLICANT PHONE: q71 -at
REQUESTED VACATION (applicant must check all that apply):
V Utility Easement
Right-of-way for alley or streets and all utility easements located within the vacated right- of- way.
Alley
Street right-of-way
I have been notified of the petition to vacate the following (alley, easement, right-of-way), described as follows:
General location / Address (referring to attached document- must be completed'*)
tc4$7
'1-
(A TTA CU legal description and graphic representation of what is being vacated-SUR VE19
UTILITY COMPANY COMMENTS:
No objections to the vacation(s) described above.
No objections to the vacation(s) described above, provided following described easements are retained.
(State the location, dimensions, and purpose below.)
No objections provided the following conditions, are met:
Company Representative
Title
{— (Q 15 44-e— Q.lai O�
February 2006
Page 5
UTILITY APPROVAL FORM
FOR RIGHT- OF- WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
DATE: ID i (l 1 06
UTILITY COMPANY: Lj A K 0") O` Cs1E
APPLICANT NAME: 1`L V t tI1 I ttL
APPLICANT PHONE:
REQUESTED VACATION (applicant must check all that apply):
Utility Easement
Right-of-way for alley or streets and all utility easements located within the vacated right- of- way.
Alley
Street right-of-way
I have been notified of the petition to vacate the following (alley, easement, right -of way), described as follows:
General location / Address (referring to attached document- must be completed**)
..u\fd' � t kLc' 14 i a 'r1 d c,Do 1 F Pis e
(ATTACH legal description and graphic representation of what is being vacated-SURVEi7
UTILITY COMPANY COMMENTS:
— No objections to the vacation(s) described above.
No objections to the vacation(s) described above, provided following described easements are retained.
(State the location, dimensions, and purpose below.)
4.
-z-
OnY'2k \ on'SOU�h SId-J-
tAlorck tJeW grid kd i. 9svx up tJu &iv. Foo} �r:vvkp $
No objections pr vided the following conditions are met: •h �rc'°s On ur,r,o '
Signature of Utility
Title
Representative
•
t jr' - IS or'( y for
ciwe r l ,ve m
1\1e lyc�, 6s�dcyP sift cc
• > (&UY , w-( Q Tc4j
to
' v &udTA St
p� February,1U h
AC I-
UTILITY APPROVAL FORM
FOR RIGIiT- OF- WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
DATE: /a//f/6
UTILITY COMI
APPLICANT Ni
REQUESTED V
✓ Utility Easement
• (47c )
Right-of-way for alley or streets and all utility easements located within the vacated right- of- way.
Alley
Street right-of-way
I have been notified of the petition to vacate -the following (alley, easement) right-of-way), described as follows:
General location / Address (referring to attached document- must be completed**)
**
(A TFACH legal description and graphic representation of what is being vacated-SUR VEY)
UTILITY COMPANY COMMENTS:
IL Y No objections to the vacation(s) described above.
No objections to the vacation(s) described above, provided following described easements are retained.
(State the location, dimensions, and purpose below.)
No objections provided the following conditions are met:
February 2006
Page 5
ADJACENT PROPERTY OWNER NOTIFICATION FORM
FOR RIGHT- OF- WAY, ALLEY, AND
EASEMENT VACATION REQUESTS
Date: t o- Li - O n 1 n
Address / location of vacation: 1la 05, f (An%4 lU (q
Adjacent property address: doll9 'l
Lot: Block: Subdivision:
r
REQUESTED VACATION:
I have been notified of the petition to vacate the following (alley, easement, right-of-way), described as follows:
(Include legal description and graphic representation of what is being vacated)
ADJACENT PROPERTY OWNERS COMMENTS:
❑ I have been notified of the requested vacation and decline to comment.
I do not object to the vacation described abeot3.
❑ I do object to the requested vacation because:
t
QSNANKJOLJN (Ca.
Name of Adjacent Property Owner (printed)
Signature of Adjacent Property Owner
�eyit C�
Applicant Name
February 2006
Page 6
ADJACENT PROPERTY OWNER NOTIFICATION FORM
FOR RIGHT- OF- WAY, ALLEY, AND
EASEMENT VACATION REQUESTS
Date: 10 I J t Q
Address / location of vacation: IA&I i V O\
Adjacent property address: 1
Lot: Block: Subdivision:
REQUESTED VACATION:
I have been notified of the petition to vacate the following (alley, easement, right-of-way), described as follows:
(Include legal description and graphic representation of what is being vacated)
ADJACENT PROPERTY OWNERS COMMENTS:
0 1 have been notified of the requested vacation and decline to comment.
y[ do not object to the vacation described above.
Ti I do object to the requested vacation because:
.Name of Adiace 'rove Owner (printed)
of Adjacent
DProperty
-Owner
U k4
Applicant
February 2006
Page 6
•
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From: Clarice Pearman
To: Pate, Jeremy
Date: 12.7.06 5:48 PM
Subject: Ord. 4947,4948 & 4953
Attachments: 4953 VAC 06-2337.pdf; 4948 VAC 06-2290.pdf; 4947 RZN 062291.pdf
CC: Audit; GIS
Jeremy:
Attached are copies of the above ordinances passed by City Council November 21, 2006. The mayor had been out of town
and I've finally got signatures and processed ordinances and resolutions to return. Thank you for your patience and sorry
for the inconvenience. Have a good day.
Thanks.
Clarice
Clarice Buffalohead-Pearman, CMC
City Clerk/Treasurer Division
113 West Mountain
Fayetteville, AR 72701
479-575-8309
cpearman@cifayetteville.ar.us
NORTHWEST ARKANSAS EDITION''
•
Benton County Daily Record
P. O. BOX 1607
FAYETTEVILLE, AR 72702
PHONE: 479-571-6415
AFFIDAVIT OF PUBLICATION
I, Karen Caler, do solemnly swear that I am Legal Clerk of the Arkansas
Democrat Gazette newspaper. Printed and published in Benton County
Arkansas, (Lowell) and that from my own personal knowledge and
reference to the files of said publication, the advertisement of:
Ordinance 4953
Was inserted in the Regular Editions:
December 8, 2006
Publication Charge: $105.50 ORDINANCE NO.4853
Subscribed and sworn to before me
This? day of 2006.
Notary Public 6malolk
My Commission Expires:
Sharlene D. Williams
Notary Public
State of Arkansas
My Commission Expires
October 18, 2014
RECE`VED
DEC 14 2006
CITY OF FAYETTEVILLE
CITY CLERK'S OFFICE
MI INPPITTMA VACU6-2337 PRO SUB.A
A ORDINANCE KEVIN ROVING FOR' P337SUB-
LOCATED AT 1985 PURVA PLACE, VACATING A
PORTION OF THE 25 FOOT UTILITY EASEMENT
LOCATEDLONG THE SOUTHERN PROPERTY nt ARKANSAS
LINE ADJACENT TO NEW BRIDGE ROAD -
1. ° 1 ..x•: f
WHEREAS, the Cry Council has the authority under A.C.A. § 14-54.104 to vacate public grounds
or Paribas thereof which are not required for corporate purposes: and t .'.
WHEREAS, the City Council has determined that the following described portion of the plaited util-
ity easement Is not required for corporate purposes. "" .
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF TNE'CITY OF
FAYETTEVILLE, ARKANSAS: ..
Section 1: That the City Council of the City of Fayetteville; Arkansas hereby vacates end abandons
the following described utility easement:
See Exhibit'A' attached hereto and made a pan 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 record-
ed 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 alt conditions are met herein, -
1: Any relocation of existing utilities shall be at the owner/developers expense.
2. Only that pdriion of the utility easement into which the home currently encroaches is vacated by
mis.approval. .
3. The portion of the home within the front BSBNE along Purva Place shall be removed pursuant to
the Board of Adlustmenrdecision on June 05, 2006 prior to commencement of construcllon on the
new portion of the house or any additional interior work. , # ,
PASSED and APPROVED this 2lstday of November, 2006.
APPROVED:, J. ATTEST: • .:,., t !
By: By:
DAN COODY, Mayor •'y • , SONDRA SMITH, City Clark. .1,.
'.'..:L '. EXHIBIT'A' L. .. .
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 1291N THE OFFICE OF
CLERK AND
BEING
7°13'0WE' 57.36' AND NO3°4006E 7.89' FROM THE SOUTHWEST CORNER OF SAID LOT
ID RUNNING THENCE NO3°40060E 17,12', THENCE 587°1300"E 43.44, THENCE S02°31'20
.73, THENCE N86°24'25'W 43:7910 THE POINT OF BEGINNING. •- --
F1 -
'Ehibit B is map and may be viewed in the city clerk's office during normal business hours.'