HomeMy WebLinkAboutOrdinance 5122 i1iiiiiiiiiiiiiiiiiiiiiiiiMiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii1
Doc ID : 012201360004 TVDe : REL
Recorded : 04/ 14/2008 at 11 : 33 : 31 An
Fee Amt : $30 . 00 Pace 1 of 4
Washlnoton Countv . AR
Bette Stamos Circuit Clerk
File a) 008-00012006
ORDINANCE NO. 5122
AN ORDINANCE APPROVING VAC 08-2930 SUBMITTED
BY DAVE JORGENSEN FOR PROPERTY LOCATED AT 1609
WELLSLEY PLACE TO VACATE A PORTION OF THE
UTILITY AND DRAINAGE EASEMENTS ON THE SUBJECT
PROPERTY, CONTAINING A TOTAL OF 643 SQUARE FEET.
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 and drainage easements are 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 and drainage easements:
See Exhibit `B" 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 "A" 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 redevelopment or improvements to the property shall comply with all zoning
development regulations including building setbacks from the property lines and Master
Street Plan right-of-way, height restrictions, and so forth.
Page 2
Ord. 5122
tr
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.� .•C,\� Y O,d •Gp%
PASSED and APPROVED this 1st day of April , 2008. :ti •
R U
APPROVED: ATTEST: :: FAYETTEVILLE :
7, . >
e c. ~
%�'Syq;QKANs GAJ?:`
By: By: •.,,'„G';O1N1 "�,.
DAN GOODY, Mayor / S DRA S ITH, City Clerk/Treasurer
EXHIBIT "A"
L E6 E N K)� THIS IS TD CERRFV MAY TILE AlIm SI4PVEY MAS
PERFORMED MVEN NY SIIF WSm;N AND ALL CORNERS
[EXI
UND IRON PIN WERE SET AS SHOWN EN TNF FAY ANO ro YNE BEST
T IRON PIN QF MY KNOWIFDGE ARF COARFCi. N
LI TY PEDESTAL
TER METER O�
S METER DA WD L. J0 GENSEA{ ARCS 1118 DATE
WER CLEAN OUT _
NTERLINE STREET W
DING SETBACK 8 U.E. S
CURB S GUTTER
6 REAR BUdLDING SETBACK
. E
ST1NG WOOD FENCE—°—°—°— SCA
_ GAS LINE _
TELEPHONE LINE
_WA_TE_R_SERVIC_E LINE _
ELECTRIC LINE
EX. 4' SIDEWALK
FLOOD NOTE:
PROP. PORTION TRIC PED.
THIS PROPERTY IS NOT AFFECTED TOOf BE EASEMENT
0
BY THE 100 YEAR FLOOD PLAIN ASVAC4 TED
->
PER FIRM 05143CO084D DATED e '
7721/99. E PED.
P.O. TELE. PED.
LEGAL DESCRIPTION: ACCESS DRN 8 / I ONCRETE DRIVE
LOT 4 OF MISSION PLACE EASEMENT ! 1 ( PROF PORTION
SUBDIVISION IN FAYETTEVILLE. eTy I SETBACK 8 U.E.
I
ARKANSAS AS PER PLAT OF SAID y � EX. 15' BLDG. TO BE VACATED
!
SLUD1V1S10N RECORDED IN THE *^� ! SETBACK a U.E. 1 .06'
OFFICE OF THE CIRCUIT CLERK J ,6
AND EX-OFFICIO RECORDER OF / y �' IS77NG HOUSE °16
WASHINGTON COLOfTY, ARKANSAS. iLw
r . .. . .. .59 ... 'A'
. .. . ......... ACJ .... ...
(0.20
w
D' LOT 4 ® a
/ 7 6• N86.40045`W 57.13' —b_o—°_
L S03'25042"W 20.00'
N80.40'bg1y 57.34•
LEGAL DESCRIPTION OF EASEMENT AND SETBACK AREA TO BE VACATED
PART OF LOT 4 OF MISSION PLACE SUBDIVISION IN FAYETTEVILLE, ARKANSAS AS PER PLAT OF SAID SUBDIVISION
RECORDED IN THE OFFICE OF THE CIRCUIT CLERIC AND,EX-OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS, AND
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE SW CORNER OF SAID LOT 4 THENCE
S86 607450E 5.71 FEET, THENCE N32013'09E 105.73 FEET TO THE P.D.B., THENCE N3213'09E 30.00 FEET, THENCE ALONG
A CURVE TO THE LEFT 5.06 FEET, SAID CURVE HAVING A CHORD BEARING OF S66041,15E 5.06 FEET AND A RADIUS OF
48.50 FEET, THENCE S3213'09-W 15.25 FEET, THENCE ALONG A CURVE TO THE LEFT 47.80 FEET, SAID CURVE HAVING A
CHORD BEARING OF SS8*Z4 '17E 46, 68 FEET AND A RADIUS OF 63.50 FEET, THENCE S13017711V H.63 FEET, THENCE ALONG
A CURVE TO THE RIGHT 50.53 FEET, SAID CURVE HAVING A CHORD BEARING OF N8517'46'W 49. 54 FEET AND A RADIUS
OF 73.50 FEET, THENCE SSZ013'09W 5.42 FEET, THENCE N57046'51-W 5.00 FEET TO THE P.O.B.; CONTAINING 643 SQUARE
FEET MORE OR LESS.
ties ...r � •,,
JORGENSEN & ASSOCIATES
ANN
4 :STATE o^'•.d CIVIL ENGINEERS • SURVEYORS
ARKANSAS
Z N0. 1718 5 12< WESTSIMBRIDCESIRTP. S . FAYEYFE ILLS ARRANSAS.7M3 . 14911424127 • FAXHn756244W
= xt
- = SCALE: 10=30' DATE REVISED CHECKED BY..' DRAWN BY ✓CN
Z DATE: ZSJAN08 28FEB08 DLJ J;ILOTSIZ0070961M4LEA
.......... oy PROPERTY SURVEY FOR
t La
RICHARD 8, NORMAJANE WILMOTH
EXHIBIT "B"
VAC 08-2930
PART OF LOT 4 OF MISSION PLACE SUBDIVISION IN FAYETTEVILLE, ARKANSAS
AS PER PLAT OF SAID SUBDIVISION RECORDED IN THE OFFICE OF THE CIRCUIT
CLERK AND EX-OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS, AND
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE
SW CORNER OF SAID LOT 4 THENCE S86040145"E 5 .71 FEET, THENCE N32013 '09"E
105 .73 FEET TO THE P.O.B., THENCE N320131095'E 30.00 FEET, THENCE ALONG A
CURVE TO THE LEFT 5 .06 FEET, SAID CURVE HAVING A CHORD BEARING OF
S66041 ' 15"E 5 .06 FEET AND A RADIUS OF 48.50 FEET, THENCE S32013909"W 15.25
FEET, THENCE ALONG A CURVE TO THE LEFT 47.80 FEET, SAID CURVE HAVING A
CHORD BEARING OF S88°24' 17"E 46.68 FEET AND A RADIUS OF 63 .50 FEET, THENCE
S13017' 11 "W 11 .63 FEET, THENCE ALONG A CURVE TO THE RIGHT 50.53 FEET, SAID
CURVE HAVING A CHORD BEARING OF N85017'46"W 49.54 FEET AND A RADIUS OF
73 .50 FEET, THENCE S32013 '09"W 5.42 FEET, THENCE N57046' 5117W 5.00 FEET TO THE
P.O.B.; CONTAINING 643 SQUARE FEET MORE OF LESS.
Washington County, AR
I certify this instrument was filed on
04/14/2008 11 :33:31 AM
and recorded in Real Estate
File Number 2008-0001200
Bette stamps - Circuit le
by �__
o ,e �
City of Fayetteville IPPS/ 6i- a
Staff Review Form
City Council Agenda Items , 1C
or U
Contracts
1 -Apr-08
City Council Meeting Date
Jeremy Pate �` Planning Operations 1
Submitted By Division Department
Action Required:
VAC 08-2930: (Wilmoth/Wellsley Place, 409): Submitted by Dave Jorgensen for property located at 1609 Wellsley Place.
The request is to vacate a portion of the utility and drainage easements on the subject property. • .
$0.00 n/a n/a
Cost of this request Category/Project Budget „Pro ram:Cate o / Project Name
n/a n/a n/a
Account Number Funds Used to Date -;;:Program/ :Project Category Name
n/a n/a a n/a
$
Project Number Remaining Balance ;; c: : ;. ; :i Fund Name
Budgeted Item Budget Adjustment Attached
Previous Ordinance or Resolution # n/a
epartment D-e� Date Original Contract Date: n/a
Original Contract Number: n/a
3- ly - off
City Attorney
Received in City Clerk's Office
Finance and Internal Service Director Date
Received in Mayor's Office ENTFAEU
Mayor Date
Comments:
City Council Meeting of April 01 , 2008
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: March 12, 2008
Subject: Easement Vacation for Wilmoth (VAC 08-2930)
RECOMMENDATION
Planning Staff recommends approval of an ordinance vacating a portion of a utility casement
and drainage easement on the subject property containing approximately 643 square feet.
BACKGROUND
The subject property is located at 1609 Wellsely Place, northwest of Mission Boulevard and
is zoned RSF-4. There is an existing 25' utility easement and setback located at the front of
the subject property, adjacent to Wellsley Place and a 10' drainage and access easement ' :
located along the west property line. Currently, the structure encroaches 10' into the front
setback and utility easement and 3 ' into a portion of the drainage easement.
A building permit was issued in June 2003 for a single family house and garage, containing
1 ,932 square feet, with a front setback of 25 ' , a rear setback of 20', and two side setbacks of
8' . However, the house was constructed 15 feet from the public right-of-way with a wood
deck located at the rear of the structure for a total of 2, 196 square feet. Evidently, after .
approval of the building permit, a deck was added to the rear of the house, thereby pushing
the house forward into the front setback and utility easement. The applicant purchased the
subject property in 2004 without knowing that the structure was nonconforming.
The applicant is requesting to vacate 10 feet of a utility easement along the north side-of the .
property and 5 feet of a drainage easement from the public right-of-way south 30 feet, for a .
total area of 643 square feet to be vacated, in order to bring the existing structure into
conformance with City code.
DISCUSSION
Notification was provided to all appropriate utility representatives and to the City with no
objections to the requested drain easement and utility easement vacation. This item was
heard at the regular Planning Commission meeting on March 10, 2008 and forwarded by vote
of 6-0-0 on the consent agenda to recommend this vacation request to the City Council.
BUDGETIMPACT
None.
ORDINANCE NO.
AN ORDINANCE APPROVING VAC 08-2930 SUBMITTED
BY DAVE JORGENSEN FOR PROPERTY LOCATED AT 1609
WELLSLEY PLACE TO VACATE A PORTION OF THE
UTILITY AND DRAINAGE EASEMENTS ON THE SUBJECT
PROPERTY, CONTAINING A TOTAL OF 643 SQUARE FEET.
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 and drainage easements are 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 and drainage easements:
See Exhibit `B" 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 "A" 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 redevelopment or improvements to the property shall comply with all zoning
development regulations including building setbacks from the property lines and Master
Street Plan right-of-way, height restrictions, and so forth.
EXHIBIT "A"
L EG E N THIS IS TO CERTIFY THAT THE ABOVE S4 Y WAS
PERFORMED WMR MY SMERVISHXI ANB AU CBRNERS
• FOUND IRON PIN WERE SET AS SHOWN 4N THE RAT AND TO THE BEST
O SET IRON PIN OF MY RN9Wl E ARE CORRECT. N
D UTILITY PEDESTAL
• WATER METER 2g
• GAS METER OAgD L. J ENSEN, ARLS 1118 DATE
• SEWER CLEAN OUT ,
CENTERLINE STREET W E
BUILDING SETBACK a U.E. S
CURB B GUTTER
SIDE d REAR B(KIDING SETBACK
EXISTING WOOD FENCE
—0—o—°—n— q4!'E
GAS LINE
_____WATELEPHONE LINE
TERS_E_RVICE LINE
ELECTRIC LINE 4 00 '�-z�yp_ _
EX. 4' SIOEWALK 48 0'
�•
FLOOD NOTE:
PROP. PORTION [�R i' LETRIC PED. '
THIS PROPERTY IS NOT AFFECTED OF RTO BE ASEMENVACA D f F*`
BY THE 100 YEAR FLOOD AIN AS
PER FIRM 05143CO084D DATED !E PED.
7721799.
P.O.B. TELE. PED,
LEGAL DESCRIPTION: EX 10' DRN 8
ACCESS ,�CONCRETE DRIVE
LOT 4 OF MISSION PLACE EASEMENT I PROP_ PORTION
SUBDIVISION IN FAYETTEVILLE, F! /•� I TO BACK 8 U.E'
ARKANSAS AS PER RAT OF SAID h EX 25' BLDG. 11
SUBDIVISION RECORDED IN THE / w�0 SETBACK 8 O.E. .06'
OFFICE OF THE CIRCUIT CLERK = do
AND EX-OFFICIO RECORDER OF / XISTING HOUSE °aj
WASHINGTON COUNTY, ARKANSAS.
/ A
h o
/ 9 7.59'
/ 2 of /. .. . ... .. . . o
A
! CJ
LOT 4
rI0' .� o/ 1609
N86* 45"W 57.13•
L S03'25.42"W 20.00•
N880g0.45"yV 51.34• .
LEGAL DESCRIPTION OF EASEMENT AND SETBACK AREA TO BE VACATED.
PART OF LOT 4 OF MISSION PLACE SUBDIVISION IN FAYETTEWLLE. ARKANSAS AS PER PLAT OF SAID SUBDIVISION
RECORDED IN THE OFFICE OF THE CIRCUIT CLERK AND,EX-OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS, AND
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SW CORNER OF SAID LOT 4 THENCE
S86040'450E 5.71 FEET, THENCE NJZOI3'09E 105.73 FEET TO THE P.O.B., THENCE M327J'09E 30.00 FEET: THENCE ALONG -
A CURVE TO THE LEFT 5.06 FELT, SAND CURVE HAVING A CHORD BEARING OF S66'41'I5E 5.06 FEET AND A RADWS OF
48.50 FEET, THENCE S32073'09'W [5.25 FEET. THENCE ALONG A CURVE TO THE LEFT 47.80 FEET, SAID CURVE HAVING A
CHORD BEARING OF S88024.178E 46. 68 FEET AND A RADIUS OF 63.50 FEET, THENCE S13%7'11'W 11.63 FEET THENCE ALONG
A CURVE TO THE RIGHT 50.53 FEET, SAID CURVE HAVING A CHORD BEARING OF N85017-46W 49.54 FEET AND A RADIUS
OF 7150 FEET, THENCE S32013'09'W 5.42 FEET, 'THENCE N57646'51'W 5. 00 FEET TO THE P.O.B.; CONTAINING 643 SOLIARE
FEET MORE OR LESS.
JORGENSEN & ASSOCIATES
, .0 CIVIL ENGINEERS
TE a, SURVEYORS
ARKANSAS
� r ' Y0. I : IB Ct, _ IIT wER SUNBRIWt;SURFS . fAYET7EVILL� ARKANSAS TIM • 14"MI-q_7 • FAYNAl
7VI5LIR7
, z o
T/.n DATE REVISED CHECKED 8Y: DRAWN BY: ICN
?: 3 .
28FEI DLJ J'ILOTSI20070961MALEA
PROPERTY SURVEY FOR
RICHARD & NORMAJANE W1 L MOTH
EXHIBIT "B"
VAC 08-2930
PART OF LOT 4 OF MISSION PLACE SUBDIVISION IN FAYETTEVILLE, ARKANSAS
AS PER PLAT OF SAID SUBDIVISION RECORDED IN THE OFFICE OF THE CIRCUIT
CLERK AND EX-OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS, AND
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS ; COMMENCING AT THE
SW CORNER OF SAID LOT 4 THENCE S86040145"E 5 .71 FEET, THENCE N32013 '09"E
105.73 FEET TO THE P.O.B., THENCE N32013109"E 30.00 FEET, THENCE ALONG A
CURVE TO THE LEFT 5.06 FEET, SAID CURVE HAVING A CHORD BEARING OF
S66041 ' 15"E 5.06 FEET AND A RADIUS OF 48.50 FEET, THENCE S32013109"W 15.25
FEET, THENCE ALONG A CURVE TO THE LEFT 47.80 FEET, SAID CURVE HAVING A
CHORD BEARING OF S88°24' 17"E 46.68 FEET AND A RADIUS OF 63 .50 FEET, THENCE
S13° 17' 11 "W 11 .63 FEET, THENCE ALONG A CURVE TO THE RIGHT 50.53 FEET, SAID
CURVE HAVING A CHORD BEARING OF N85017146"W 49.54 FEET AND A RADIUS OF
73 .50 FEET, THENCE S32013 '09"W 5.42 FEET, THENCE N5704615115W 5 .00 FEET TO THE
P.O.B.; CONTAINING 643 SQUARE FEET MORE OF LESS.
1
ye e� e PC Meeting of March 10, 2008
SARKANSAS
THE CITY OF FAYETTEVILLE, ARKANSAS
125 W. Mountain St.
Fayetteville, AR 72701
PLANNING DIVISION CORRESPONDENCE Telephone: (479) 575-8267
TO: Fayetteville Planning Commission
FROM: Dara Sanders, Current Planner
Matt Casey, Assistant City Engineer
THRU: Jeremy Pate, Director of Current Planning
DATE: March 5 , 2008
VAC 08-2930: (WILMOTH / WELLSLEY PLACE, 409): Submitted by DAVE
JORGENSEN for property located at 1609 WELLSLEY PLACE. The property is zoned
RSF-4, SINGLE FAMILY - 4 _ UNITS/ACRE and contains approximately 0.20 acres.
The request is to vacate a portion of the utility easements on the subject property.
Planner: Dara Sanders
Findings:
Property Description and Background: The subject property is located on a cul-de-sac,
Wellsley Place, northwest of Mission Boulevard. There is an existing 25 ' utility easement
and setback located at the front of the subject property, adjacent to Wellsley Place and a
10' drainage and access easement located along the west property line. Currently, the
structure encroaches 10' into the front setback and utility easement and 3 ' into a portion
of the drainage easement. Board of Adjustment approval of a variance from the front
setback requirements of the RSF-4 zoning district is required, in order to . create a . . .
conforming structure.
A building permit was issued in June 2003 for a single family house and garage,
containing 1 ,932 square feet, with a front setback of 25 ' , a rear setback of 20' , and two
side setbacks of 8' . However, the house was constructed 15 feet from the public right-of-
way with a wood deck located at the rear of the structure for a total of 2, 196 square feet.
Evidently, after approval of the building permit, a deck was added to the rear of the
house, thereby pushing the house forward into the front setback and utility easement. The
applicant purchased the subject property in 2004 without knowing that the structure was
nonconforming.
Request: The applicant is requesting to vacate 10 feet of a utility easement along the
north side of the property and 5 feet of a drainage easement from the public right-of-way
south 30 feet, for a total area of 643 square feet to be vacated, in order to bring the
existing structure into conformance with City code. The applicant has submitted the
required notification forms to the utility companies and to the City with the result
summarized below.
KAReports\2008\PC Reports\05-March 10\VAC 08-2930 (Wilrnoth).doc
UTILITIES RESPONSE
Ozarks Electric No Objection
Cox Communications No Objection
Southwestern Electric Power Company No Objection
Arkansas Western Gas No Objection
AT&T Arkansas No Objection
CITY OF FAYETTEVILLE: RESPONSE
Water/Sewer No Objection
Transportation No Objection
Solid Waste No Objection
Public Comment: Staff has not received public comment.
Recommendation: Finding that the current location of the structure has . not adversely
,affected the surrounding properties since its construction in 2003, based on no history •of
complaints filed and a site visit conducted, staff recommends forwarding VAC 08-2930
to the City Council with a recommendation of approval with the following conditions of
approval:
1 . Any redevelopment or improvements to the property shall comply with all zoning
development regulations including building setbacks from the property lines and Master
Street Plan right-of-way, height restrictions, and so forth.
CITY COUNCIL ACTION: Required:
PLANNING COMMISSION ACTION: Reauired
Planning Commission Action: ❑ Forwarded ❑ Denied ❑ Tabled
Date: March 10, 2008
Motion:
Second:
Vote:
KAReports\2008\PC Reports\05-March 10\VAC 08-2930 (W ilmoth).doc
LEG E N 7 IS TO CERTIFY MAY THE ABOVE SURVEY WAS
'ORMED UMDER NY SUPERVISION AND ALL CORNERS
• FOUND IRON PIN WERE SET AS SHOWN ON THE HAT AMO TO TME BEST
O SET IRON PIN OF MY KNOWLEDGE ARE CORRECT. N
o UTILITY PEDESTAL J
• WATER METER V 'f �.J�.���
• GAS METER DAYID L. JO GENSEN, ARLS INH DATE �f-
6 SEWER CLEAN OUT
CENTERLINE STREET W E
BUILDING SETBACK 8 U.E- $
CURB 8 GUTTER
SIDE B .REAR BULDING SETBACK
. . . . . . . . . . . . I . . . . . . . \ 7-
EXISTING WOOD FENCE
GAS LINE
TELEPHONE
___
WATER SERVICE LINE_ _ _
___ ELECTRfC_LINE. 4 . 0'
EX. 4' SIDEWALK 48 O' I •
FLOOD NOTE:
PROP. PORTION LETRIC PED.
THIS PROPERTY IS NOT AFFECTED TO BE VACATED f O
BY THE 100 YEAR FLOOD PLAIN AS
PER FIRM 05143CO084D DATED - -
7121199. CABLE PED.
---
P.O.B. TELE. PED.
EX. 20' DRN d ONCRETE DRIVE
LEGAL DESCRIPTION: ACCESS
EASEMENT ! PROP. PORTION
LOT I OF MISSION PLACE \ F SETBACK 8 U.E.
SUBDIVISION IN PER
PL TE OF SAID
% I , TO BE VACATED
ARKANSAS AS PER PLAT OF SAID qry EX. CK BLDG. } i/ 06
SUBDIVISION RECORDED IN THE � � w0. � SETBACK 8 U.E- J
OFFICE OF THE CIRCUIT CLERK 7 raj
AND EX-OFFICIO RECORDER OF / (l, - XISTING HOUSE °N
WASHINGTON COUNTY ARKANSAS.
/ tv 77qqyy/ WDA °^r2
03.59 . . . . . . . . . . . . . . . C// /-
/� (0.20 AC)
/
1E10, °� LOT 4 q
1609
/ 0 N86040045"YV 57.13'
L S03'25142"w 20.000
N86.40'4 "W 51.34•
LEGAL DESCRIPTION OF EASEMENT AND SETBACK AREA TO BE VACATED
PART OF LOT 4 OF MISSION PLACE SUBDIVISION IN FAYETTEVILLE, ARKANSAS AS PER PLAT OF SAID SUBDIVISION
RECORDED IN THE OFFICE OF THE CIRCUIT CLERK AND.EX-OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS, AND
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. COMMENCING AT THE SW CORNER OF SAID LOT 4 THENCE
S86 400450E 5. 71 FEET, THENCE N3201J'09'E 105. 73 FEET TO THE P.O.B., THENCE NJ20/J'09E 30.00 FEET, THENCE ALONG
A CURVE TO THE LEFT 5.06 FEET, SAID CURVE HAVING A CHORD BEARING OF 566041'15E 5.06 FEET AND A RADIUS OF
48.50 FEET. THENCE 53201J'09'W 15.25 FEET, THENCE ALONG A CURVE TO THE LEFT 47.80 FEET, SAID CURVE HAVING A
CHORD BEARING OF 588024 'I7E 46. 68 FEET AND A RADIUS OF 63.50 FEET, THENCE 513017'll'W 11. 63 FEET, THENCE ALONG
A CURVE TO THE RIGHT 50.53 FEET. SAID CURVE HAVING A CHORD BEARING OF N85017'46'W 49.54 FEET AND A RADIUS
OF 73. 50 FEET. THENCE S320/J'09"W 5.42 FEET. THENCE N57046'51'W 5. 00 FEET TO THE P.O.B.; CONTAINING 643 SOUARE
FEET MORE OR LESS.
JORGENSEN & ASSOCIATES
` T`'�` '
CIVIL ENGINEERS SURVEYORS
ANHANSA3
` 2' [
NO B I - IIa WEST 9IINRRIDG6 SUITE 5 • FAYM. F.VILLF, ARKANSAS 72M • (479)442-9127 • FAX (4N) 5924307
SCALE: I'=30' DATE REVISED CHECKED BY: DRAWN BY: )CN
cc' "° DATE: 25JAN08 28FEBOS DLJ J IL075120070961MALEA
PROPERTY SURVEY FOR
RICHARD 81 NORMAJANE WILMOTH
JORGENSEN & ASSOCIATES
CIVIL ENGINEERS • SURVEYORS
124 WEST SUNBRIDGE, SUITE 5 • FAYETTEVILLE, ARKANSAS 72703 • (479) 442-9127 • FAX (479) 582-4807
DAVID L. JORGENSEN, P.E., P.L.S.
November 26, 2007
City of Fayetteville
113 West Mountain Street
Fayetteville, AR 72701
Attn: Planning Commission
Re: Request for variance & easement vacation on parcel #765-22915-000
Dear Sir/Madam;
Please find herewith a variance application, check, and a copy of a current survey
depicting the subject property and proposed variance for shown setbacks and easements.
The current structure has been built within the drainage easement to the west, and within
the front building setback & utility easement to the north of the structure. The owners of
the property are requesting to have the setback and easement requirements reduced to
accommodate the existing structure.
Please call concerning any questions you may have.
itA
Tar Nichols, E.I.
RECEIVED
FEB 122008
ENGINEERING DIV.
• STRUCTURAL DESIGN • LAND DEVELOPMENT • WATER SYSTEMS • WASTEWATER SYSTEMS • LAND SURVEYING
BUILDING PERMIT APPLICATION
ci `m le Inspection gvblcn
113 wed Mountain Stied
FsyettmWs. M 72701
479.8764237 Fn[ 179375.8718 Data submltbd: U Pennx r�JSITEADDRESS: W t( ° 14
-
ReAav
vile u UW
RwU ng
vnq
& Apprard
COPY
IS/ OK
APPROVAL
DATEPhone:
jDIVISIOCNTO:
Zone:=( Lot. -.Bbdc:_ Subd Sec-Twn-Rng: Plat Pa
r
'Q,/
c,/4 7170
> Z! -M50
Ph a
R C1'g.rt Ptwnc Fax
i ;s-It7z -zicz
O.a:
3s-117Z.wro.r30503
81a. Ca,b Lice'..aY tv. Lice'.. F�..:.
Nrrpr (I R..Ilnm.l Pw1N. APp W h tlw air. UNan aw )'Saar
n..la.ntla:
Wat J/1NEW ___ADDITION ___ALTERATION ___REPAIR ___MOVING _ DEMOUnvN
_ FOOTING ONLY _ EXTERIOR ONLY _ TENANT FINISH _ DESIGN/BUILD OTHER
•. _.._.. • 1._,_a.a. .L.Ya. .IV 15...A.#.l.ln a„nn-. I Tnwnha�. wft n IS line DOW
Valuation of Work
$ z S _
dcal: $_2-c/0
Mate: $ Z5 O0
ankd: $ w9VO
s 25.000
Suild4y Inbrrndlon
imla:
I
Sum Tot Ana
it
Total HestsNCoded:
IN
'(1'
Total UrttadW:
1 •
AddJAx. Ant
Floor.
__Y _ N
Baswnent
lure:
Wood '� M.rd
Masaw Fc
ICN z p.n
l40S w. it
15y q.It
NOS ey.e
sq. n.
,Form Other
Bullding wW mrnpy with Mkansas Energy Cods R utnmams (YWNA): - Won Insulatldn Type: Sax '! Cdluloes
Is a retaining wall to be oonauucad7 (Yes/No): Englnsadng Approval:_
I. abps of alt. gran [heal 5%7 (Yes/No): Englnaenng APWoW,—
Fiood PWn7(YWN9): V :Bas flood EMvallon: :Lowed PlnFalyd F7ocr. PWuilnp Approval:
PubOc Swvr. J. Y _N AR. P@p. AppnS S. Watt. Co. Septic Approval r
DESCRIPTION OF WORK: .UEI. — p € n 2F.v IIAL cr.0 6 LE � t/G y ^ /6O ° ; r
;_Use of Bulldlnq._
OFFICE USE FORPL
Constndfat Type:
Mn Occupercy Load:
ONLY:
uI
SEPARATE PERMIT* ARE REQUIRED FOR ELECTRICAL, PLUMBING, GAS, MECHANICAL, AND SIGNS.
THIS PERMIT BECOMES NULL AND VOID IF WORK/CONSTRUOTION AUTHORIZED 18 NOT COMMENCED
WITHIN 6 MONTHS, OR IF WORK/CONSTRUCTION 18 SUSPENDED OR ABANDONED FOR A PERIOD OF 6 MONTH.
I hanby cat' that I have reed and eanktW this application and brow the earns to be inns and caned. All provisions d law and
ordirwtoee govwnbtp this ype d work wW be odmoW whh whetter spaeJ5ad Mrdn or noL The granting d a parch does not
pnsums to ghw authority to v{dda a cancel the prwlslom of any Sher state a local low regulating cutWucti or 1M
Revised on 11/072002
Mcecton dpemYN.d wok may reveal cod. violation. na dlaoovsnd during plan review.
P ermitap plication.frrn.122
v
AppLICATI( )FOR CERTIFICATE OF ZONI' COMPLIANCE c9C93-0(Q?a
The applicant must provide a site plan, drawn to scale, showing setbacks and measurements from overhangs on all proposed structures, existing
structures, utility casements, off— —stmt parking, driveways, landscaping and other nrooused permanent improvements like pools, hot tubs, heating or
a.c. units, decks, carports, etc The distance from any proposed structurflo property lines must be clearly indicated. Floor plant may Sc required for
certain uses to verify zoning tom pllaote. NOTE:Property lines can be accurately determined only by survey. The meet B not the front property line.
SECTION (A) ZONING REQUIREMENTS:
•PROPERTY ZONED:__________1 ' -. (_ SITE ADDRESS:
-PROPERTY OWNI R: s PHONE: SLI - I
•PROPERTY OWNER'S ADDRESS: 7 7 - o CITY: ✓: /O SFA"I'E: cg ZIP: Z'?o 3
-NUMBER OF DWELLING UNrTS: • IS THIS PROPERTY SUBJECT TO RESTRI COVENANTS? YFS V NO
•IF YES, HAS THE APPROPRIATE REVIEW BOARD APPROVED THIS PROJECIT YES ✓ n0
•NOTE: THE Cllr DOES NOT EWFVRCE RESTRIC17PE COVENANTS THISINFORMA?7ON IS FOR NOf7FICATION PURPOSES ONLY.
THOSE NOT APPL 17NG FOR .I BUILDINGPERMIT, PLEASE CONTINUE TO SECTION (90 TI/ER WISE COMYL FI E EN77REAPPLIGfHON
SECTION (B) BUILDING SETBACKS;
•SETBACKS:
•1'i /02 PROPOSED:
•SCALE USED FOR SITE PLAN:
•PROPOSED BUILDING HEIGHT: I C I .: NORTH:
,ARE THERE /��OTHER STRUCTURES EXISTING ON THE LOT?
YES ANO/ : If yes, please describe:
SOUTH:
EAST:
WEST:
25
20
c
r
FOR OFFICIAL USE ONLY:
P3LIL.t 1 a1 „t„I rti
I[tic
• PUBLIC SIDEWALK: A sidewalk is required along L&J (et/it- street(s) and constructed in accordance to
specifications in the City's Street and Sidewalk Ordinance•
.ADDRESS NUMBERS: No permanent water meter will be set until permanent aB8rvss numbers (visible from the street and at least Ahigh) an installed on
the snucture. House numbers may not be changed without approval from the Water Department.
• DRIVEWAYS: Driveways must be paved with hot mix asphalt or concrete and must be surfaced for a minimum of 12 Yx feet into the property.
•OFF -S REET PARKING: The ping cerea(s) must be stdxd Into a minimum of spaces of size, of these spaces, shall be
ADA accessible Including for van accessibility, and shall include accesslblc.nmps where needed. You must also prgvide curbs, bumper guards or wheel stops
so that no pan of a parked vehicle extends beyond the boundary of the parking lot.
•SPACES REQUIRED: . .SPACES PROVIDED: -
•DO YOU SHARE PARKING WITH ANY OTHER BUSINESS? Y NO If yes, please explain in writing.
SE (0) ADDITIONAL REVIEWS & APPROVAL DATES:
BOARD OF ADJUSTMENTS:
PLANNING COMMISSION: _
LARGE SCALE DEVELOPMENT:
LOT SPLIT:
SECTION (E) NON-RESIDENTIAL REQUIREMENTS:
•BUSINESS NAME: . BUSINESS PHONE:
•NAME ON LEASE: HOME PHONE:
•HOME ADDRESS: - CITY: STATE:_ZIP-
•INTENDED USE OF STRUCTURE: PREVIOUS USE OF STRUCTURE:
•IS THE STRUCTURE VACANT? YES NO If yes, bow long has the suuctwc beta vacant? PC approval dart:
-IS THE BUSINESS A HOME OCCUPATION? YES NO If yes, provide: permit 1D M:
-DOES THE USE REQUIRE AN AIR PERMIT FROM THE ARKANSAS DEPARTMENT OF ENVIRONMENT QUALITY? YES NO
If yes, plus provide a copy of tin permit. . - I d
-DOES THE USE PRODUCE AN ODOR? YES NO If yes, please describe the odor.
-NUMBER OF EMPLOYEES:
,OUTDOOR STORAGE OF MATERIAL AND/OR EQUIPMENT? YES NO If yes, please describe:________________________ FT OF EXPANSION:_________
.SQ. IT. OF TOTAL BUILDING: SQ. FT. OF YOUR BUSINESS: SQ.
FOR OFFICIAL USE NLY'
CERTIFICATE NUMBER:__
PROPERTY ZONED: PARCEL NUMBER: VU f/c S-T-R:O
PLAT PAGE: O LOT:, _ BLOCK_ PHASE: SUBDIVISION: HA lc,�I•e.—P
USE UNIT: INCLUDED USE(S):
§ 161.02 CERTIFICATE OF ZONING COMPLIANCE NONCONFO G SECTIONS:
2
. /2
(//// DATE
(4.3.08) Clarice Pearman - Ords. 5121 and 5122 Page 1
From: Clarice Pearman
To: Pate, Jeremy
Date: 4.3.08 10:35 AM
Subject: Ords. 5121 and 5122
Attachments: 5121 Amend RZN 07-2889 Cooper.pdf; 5122 VAC 08-2930 Wilmoth.pdf
CC: Audit; GIS
Jeremy:
Attached is a copy of the above ordinances passed by City Council. Please let me know if there is anything else needed for
these items. Have a good day.
Thanks.
Clarice
RECEIVED
APR 1 1 2008
C
CITY CLERKS OFICE
NORTHWEST ARKANSAS EDITION
Benton County Daily Record
P. O. BOX 1607
FAYETTEVILLE, AR 72702
PHONE: 479-571-6421
AFFIDAVIT OF PUBLICATION
I, Cathy Wiles, 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: City of
Fayetteville- Ordinance 5122
April 7, 2008
Publication Charge: $105.50
Subscribed and sworn to before me
This g day of `-�'� , 2008.
Notary• / yj
My Commission Expires: ao 11
a 1
Do not pay from Affidavit, an invoice will be sent
%
SANDRA D. BUSH
Notary Public — Arkansas
l'nunty of Washington
My O, am+iaien Exp. 01/U/2011
la 4#'* lR..yM
RECEIVED
APR 112006
CITY
CITY
FFAThI CLERKS OFFICE
CE
ORDINANCE NO. 5122
0
AN ORDINANCE APPROVING VAC 0B-2RO SUB-
• LOTTED BY DAVE 9 WELLSLEY
FOR E PROPERTY aye evl e
LOCATED AT OP JORGENSEN
N PLACE TO VACATE
A PORTION OF THE UTILITY AND DRAINAGE
EASEMENTS ON THE SUBJECT PROPERTY, CON
INNING A TOTAL OF 643 SQUARE FEET ARKANSAS
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 cor-
porate purposes; and
WHEREAS, the City Council has determined that the following described portion of the platted utt-
Ity end drainage easements are not required for corporate purposes:
raw- THEREFORE. EE IT ORDAINED tY THE CITY COUNCIL OF THE CITY OF
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby vacates and abandons
the following described utility and drainage easements:
See Exhibit "Battached hereto and made a part hereof.
Section 2: That a copy of this Ordinance duty certified by the City Clerk along with the map attached
hereto and labeled Exnfblt 'A' 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 all conditions are met herein.
1. Any redevelopment or Improvements to the property shall comply with all zoning development
regulations Including building setbacks from the property lines and Master Street Plan right-of-way,
r height restrictions, and so form.
PASSED and APPROVED this 1st day of April , 2008.
APPROVED: ATTEST:
By: By:
DAN COODY, Mayo 5ONDRA SMITH. City Clarkflaaaw r
Exhlblt A Is a map and may be viewed In the office of the city clerkflreasurer during normal business
hours.
EXHIBIT'S'
{ VAC 08-2930
PART OF LOT 4 OF MISSION RACE SUBDIVISION IN FAYETTEVILLE, ARKANSAS AS PER PLAT
OF SAID SUBDIVISION RECORDED IN THE OFFICE OF THE CIRCUIT CLERK AND O( -O CIO
RECORDER OF WASHINGTON COUNTY, ARKANSAS, AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS: COMMENCING AT THE SW CORNER OF SAID LOT 4 THENCE
r SB6°40'45'E 5.71 FEET, THENCE N32013'09"E 105.73 FEET TO THE PO.B., THENCE N3213O3E
3).00 FEET, THENCE ALONG A CURVE TO THE LEFT 5.06 FEET, SAID CURVE HAVING A CHORD
FCARINr [K BPV;°41'15'E 5.06 FEET AND A RADIUS OF 48.50 FEET, THENCE S32.1309W 15.25
OF N85°17'46"W 49.54 FEET AND A RADIUS OF 73.50 FEET, THENCE S32°13'09W 5.42 FEET.I
THENCE N57°46'51'W 5.00 FEET TO THE P.O.B.; CONTAINING 643 SQUARE FEET MORE OF
VAC08-2930
Close Up View
WILMOTH/WELLSLEY PLACE
SUBJECT PROPERTY
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Overview " Legend Boundary
Subject Property r, Planning Area
® VAC09-2930 pvrerlay District
Outside city LBy�elld
Hillside -Hilltop O erlay District
0 0.25 0.5 1
M les