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HomeMy WebLinkAbout2002-10-07 - Agendas newest ad 10/2/02 10�5�ge 1 10/14/02 2X2.25 CI[FY OF FAYETTEVILLE AGENDA NO-110E BOA91)OF ADJUSTMENT Monday,October 7,2002- 3:45 p.m. City Administration Building,Room 326 113 West Neutral Fayetteville,Arkansas PUBLIC MEETING-OPEN TO City of Fayeftville �e folowng items will the considered: Approval of minutes from the meeffing of September 3,2002 New Busil VAH 02-25.00:Variance(Hartsfield,be 610)was submitted by Coney Hartsfield for property located at 1905 Ed Bell Road. The property is soned R-1,Low Dwell Residential and contains approximately 0.33 acres. The requirement is for a 8'side setback and a 20'rear setback. Tne recluest is for a 5'a de setback(a Tval arad a 1 0'rear setback(a 1 0'vamance). At interested bodies may appear and ore heard at the public hearings. A copy of the gmicosed amendments and other perfirsent data is open and available for Inspection in the Office of City Planning (575-8264),City Administration Building,113West Mountain Street,Fayetteville,Arkarrea.Alintereated pal we invited to remew the petitions. Interpreters orTDD for Istanng impaired are available for all public meetings. 72 hour notice is required. For further information or to request an interpreter please ca�Hugh Earnest at 575-8330, CITY OF FAYETTEVILLE AGENDA NOTICE BOARD OF ADJUSTMENT Monday, October 7, 2002 - 3:45 p.m. City Administration Building, Room 326 113 West Mountain Fayetteville, Arkansas PUBLIC MEETING - OPEN TO ALL The following items will be considered: Approval of minutes from the meeting of September 3,2002 New Business: VAR 02-25.00: Variance (Hartsfield, pp 610) was submitted by Carey Hartsfield for property located at 1905 Ed Edwards Road. The property is zoned R-1, Low Density Residential and contains approximately 0.33 acres. The requirement is for a 8' side setback and a 20' rear setback. The request is for a 5' side setback(a 3' variance) and a 10' rear setback(a 10' variance). All interested parties may appear and be heard at the public hearings. A copy of the proposed amendments and other pertinent data is open and available for inspection in the Office of City Planning(575-8264),City Administration Building, 113 West Mountain Street,Fayetteville,Arkansas. All interested parties are invited to review the petitions. Interpreters or TDD for hearing impaired are available for all public meetings. 72 hour notice is required. For further information or to request an interpreter,please call Hugh Earnest at 575-8330. * Please run this display ad Sunday, October 6,2002** PO#00-000-2923-001 "Proof Requested**Contact Janet with questions or comments at 575-8263 Thanks! 9/3 City of Fay 9/26/N Page I 10/7/02 2x2.75 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN THAT I NT THE PROVISIONS OF THE CODE OF ORDff=OF 1TO CITY OF FAYETTEVILLE, THE FOLLOWING PETITIONS HAVE BEEN SET FOR A HEARING BER ADJUSTMENT IN THE CITY ADMINISTRA11ON BUILDING 113 WEST MOUNTAIN STREET,ROOM 326,FAYETTEVILLE: City of Fayefleville ARKANSAS,ON MONDAY,OCTOBER 7,2002,AT 3:45 P.M. The following items will be considered- Approval of minutes from the meeting of September 3,2002 New S..1n.s. VAR 02-25.00:Variance(Harmfield,pp 610)was submitted by Carey Harlsfield for property located at 1905 Ed Edwards Road. The property,is zoned R-1, Low Density Residential and contains appnadmately 0.33 acres. The requirement is for a 8'side setback and a 20'mar setback. The request is for a 5'side setback(a 3'variance)and a 10'mar setback(a 10'variance). All interested parties may appear and be heard at the public hearings. A copy of the proposed amendments and other pertinent data is open and available for inspection in the Office of City Planning(575-8264),City Administration Building,113 West Mountain Street,Fayetteville,Arkansas. All interested parties am invited to review the petitions. Interpreters or Too for hearing impaired are available for all public meetings. 72 hour notice is required. For further information or to request an interpreter,please call Hugh Earnest at 575-8330. GIVEN UNDER MY HAND THIS 25th DAY OF September 2002 Tim Conklin Planning Director 113 W.Mountain Fayetteville,AR 72701 575-8264 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN THAT PURSUANT TO THE PROVISIONS OF THE CODE OF ORDINANCES OF THE CITY OF FAYETTEVILLE, THE FOLLOWING PETITIONS HAVE BEEN SET FOR A HEARING BEFORE THE BOARD OF ADJUSTMENT IN THE CITY ADMINISTRATION BUILDING, 113 WEST MOUNTAIN STREET, ROOM 326, FAYETTEVILLE, ARKANSAS, ON MONDAY, OCTOBER 7, 2002,AT 3:45 P.M. The following items will be considered: Approval of minutes from the meeting of September 3,2002 New Business: VAR 02-25.00: Variance (Hartsfield, pp 610)was submitted by Carey Hartsfield for property located at 1905 Ed Edwards Road. The property is zoned R-1, Low Density Residential and contains approximately 0.33 acres. The requirement is for a 8' side setback and a 20' rear setback. The request is for a 5' side setback (a 3' variance) and a 10' rear setback (a 10' variance). All interested parties may appear and be heard at the public hearings. A copy of the proposed amendments and other pertinent data is open and available for inspection in the Office of City Planning(575-8264),City Administration Building, 113 West Mountain Street,Fayetteville,Arkansas. All interested parties are invited to review the petitions. Interpreters or TDD for hearing impaired are available for all public meetings. 72 hour notice is required. For further information or to request an interpreter,please call Hugh Earnest at 575-8330. GIVEN UNDER MY HAND THIS 25' DAY OF September M02 Tim Conklin Planning Director 113 W.Mountain Fayetteville,AR 72701 575-8264 **Please run this Notice of Public Hearing ad Sunday,September 29,2002** PO#02-000037-001 Contact Janet with questions or comments at 575-8263,Thanks! ***Janet send to City council members&Neighborhood Associations FAYETTEVILLE THE CITY OF FAYETTEVILLE,ARKANSAS 113 W. Mountain St. Fayetteville,AR 72701 Telephone:479-575-8264 AGENDA FOR A MEETING OF THE BOARD OF ADJUSTMENT A regular meeting of the Board of Adjustment will be held Monday, October 7, 2002, at 3:45 p.m. in Room 326 of the City Administration Building, 113 West Mountain, Fayetteville, AR, 72701. The following items will be considered: Approval of minutes from the meeting of September 3,2002 New Business: I VAR 02-25.00: Variance (Hartsfield, pp 610) was submitted by Carey Hartsfield for property located at 1905 Ed Edwards Road. The property is zoned R-1, Low Density Residential and contains approximately 0.33 acres. The requirement is for a 8' side setback and a 20' rear setback. The request is for a 5' side setback (a 3' variance) and a 10' rear setback(a 10' variance). All interested parties may appear and be heard at the public hearings. A copy of the proposed amendments and other pertinent data is open and available for inspection in the Office of City Planning(575-8264),City Administration Building, 113 West Mountain Street,Fayetteville,Arkansas. All interested parties are invited to review the petitions. Interpreters or TDD for hearing impaired are available for all public meetings. 72 hour notice is required. For further information or to request an interpreter,please call Hugh Earnest at 575-8330. FAYETTEVILLE THE CITY OF FAYETTEVILLE,ARKANSAS 113 W. Mountain St. Fayetteville,AR 72701 Telephone:479-575-8264 AGENDA FOR A MEETING OF THE BOARD OF ADJUSTMENT A regular meeting of the Board of Adjustment will be held Monday, October 7, 2002, at 3:45 p.m. in Room 326 of the City Administration Building, 113 West Mountain, Fayetteville, AR, 72701. The following items will be considered: Approval of minutes from the meeting of September 3,2002 New Business: 1. VAR 02-25.00: Variance (Hartsfield,pp 610)was submitted by Carey Hartsfield for property located at 1905 Ed Edwards Road. The property is zoned R-1, Low Density Residential and contains approximately 0.33 acres. The requirement is for a 8' side setback and a 20' rear setback. The request is for a 5' side setback(a 3' variance) and a 10' rear setback(a 10' variance). All interested parties may appear and be heard at the public hearings. A copy of the proposed amendments and other pertinent data is open and ava'ilable for inspection in the Office of City Planning(575-8264),City Administration Building, 113 West Mountain Street,Fayetteville,Arkansas. All interested parties are invited to review the petitions. Interpreters or TDD for hearing impaired are available for all public meetings. 72 hour notice is required. For finther information or to request an interpreter,please call Hugh Earnest at 575-8330. FAYETTEVILLE TBE CITY OF FAYETTEV=,ARKANSAS 113W. Mountain St. Fayetteville,AR 72701 Telephone:(479)575-8264 PLANNWG DIVISION CORRESPONDENCE TO: Fayetteville Board of Adjustment FROM: Shefli Rushing, Associate Planner THRU: Tim Conklin, A.I.C.P., City Planner DATE: October 2, 2002 VAR 02-25.00: Variance (Hartsfield, pp 610)was submitted by Carey Hartsfield for property located at 1905 Ed Edwards Road. The property is zoned R-1, Low Density Residential and contains approximately 0.33 acres. The requirement is for a 8' side setback and a 20' rear setback. The request is for a 5' side setback(a 3' variance) and a 10' rear setback(a 10' variance). RECOMMENDATION: Staff recommends denial of the requested rear and side yard setback variances as shown on the attached site plan. Should the Board choose to approve the variance, staff recommends the following conditions: 1. Storage building shall be compatible with the existing residential structure. The Board of Adjustment will need to be specific on what material� roof type,windows, etc. will be required. 2. Eaves and overhangs of the structure shall not exceed the approved variance. 3. The height of the structure shall not exceed 10'. Ordinance Requirement Applicant's Request ack 20' 10' (10' vaiiance) Side Yard Setback(east) 8' 5' (3' variance) Comments: The"CONDMONS OF APPROVAL"listed in this report are accepted in total without exception by the entity requesting approval of this conditional use. H.I USERS1 C0&a40NPL4NNNG IREPOR TEBOA RE-POR YS 2 002 1 OCTOBER WAR TSFIELD VAR 02-2 5.DO C Board ofAdjustment Octoher 7, 2002 VAR02-25 Hartsfield Page 1.1 Name: Date: BACKGROUND: Property/Neighborhood Characteristics: The subject property is .3 3 acres located at 1905 Ed Edwards Road,Lot 71 of Sequoyah Meadows,Phase II Subdivision. It has 100' offrontage along Ed Edwards Road. There are three utility easements: 15' along the north(side), 10' along the west(rear) and 25' along the east (front). The neighborhood is predominantly single family residential. Proposal. The applicant proposes to construct a 6'X 12' storage building at the southwest comer of the rear yard. The proposed location is in the required rear and side yard setbacks. Request: The applicant is requesting variances from the 20' rear yard setback and the 8' side yard setback requirements. He is requesting a variance to locate the storage building 10' from the rear property line (a 10' variance) and 5' from the south side property line (a 3' variance). Public Contact. The applicant has contacted the neighborhood association, Sequoyah Meadows. They have approved of his plans (see attached letter). According to the letter, the covenants do not dictate setbacks or yard requirements. StaffDetermination: Two of the easements, the 25' utility easement in the front yard and the 10' utility easement along the rear of the property, are equal to or less than the yard requirements that apply to all lots in the R-I District. These two easements do not create a special condition that is unique to the property. The 15' easement to the north side of the property is 7' larger than the side yard requirement of 8'. Therefore, there is only one easement that creates a situation that is unique from other properties in the R-I district. However, staff finds that this easement does not create a hardship to the property owner nor does it deprive him of his rights. Granting ofthis variance would result in special privilege to this property owner that is denied to other property owners by the zoning regulations. SURROUNDING LAND USE AND ZONING Land Use Zoning North Residential (single-family) County—no zoning South Residential (single-family) R-1 Low Density Residential East Residential (single-family) County—no zoning West Residential (single-family) R-1 Low Density Residential GENERAL PLAN DESIGNATION Residential Board ofAdjustment H:�USERS1C0W0NPL4WWGU?&P0RTS00A RFPOR TS 2002 DCT0BFRVL4R TSFIEW VAR02-25DOC October 7, 2002 VAR02-25 Hartsfreld Page 12 FINDINGS: § 156.02 ZONING REGULATIONS. Certain variances of the zoning regulations may be applied for as follows: A. General Regulations/Application. A variance shall not be granted unless and until an application demonstrates: 1. Special Conditions. That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures or buildings in the same district. Finding: The subject property has one utility easement, 15' on the north property line (side yard),that is special to this property. However, staff finds this casements does not create a hardship for the property owner. 2. Deprivation of Rights. That literal interpretation of the provisions of the zoning regulations would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of the zoning regulations. Finding: The literal interpretation of the provisions of the zoning regulations will not deprive the applicant of rights enjoyed by other properties. Staff finds no evidence that the storage building cannot be built in compliance with the yard requirements. 3. Resulting Actions. That the special conditions and circumstances do not result from the actions of the applicant. Finding: The condition of the easement is not a result of the action of the applicant. However, the applicant is proposing a location for a new storage building that is prohibited by zoning regulations. 4. No Special Privileges. That granting the variance requested will not confer on the applicant any special privilege that is denied by Zoning, Chapters 160-165,to other lands, structures, or buildings in the same district. Finding: Granting the,variance requested will confer on the applicant special privileges that are denied by zoning to other lands, structures, or buildings in the R-1 district. Other land, structures, or buildings in the R-I district are required to meet the yard requirements. H.JUSERSICOMMOAVLANNING�REPORTS�BOAREPORTS20021OCTOBERLIIARTSFIELD VAR02-25,DOC Board of Adjustment October 7, 2002 VAR02-25 Hartsfield Page 1.3 5. Nonconforming Uses. No nonconforming use of neighboring lands, structures, or buildings in the same district, and no permitted or nonconforming use of lands, structures, or buildings in other districts shall be considered grounds for the issuance of a variance. Finding: No nonconforming uses were considered in the review of this variance request. § 156.02 C. Consideration by the Board of Adjustment. 1. Bulk and Area. Applications for variances of bulk and area requirements shall be considered by and may be approved by the Board of Adjustment. 2. Public Hearing. A public hearing shall be held, Finding: A public hearing is scheduled for Monday, October 7,2002. 3. Findings. The Board of Adjustment shall make the following findings: a. Minimum Variance. That the reasons set forth in the application justify the granting of the variance, and that the variance is the minimum variance that will make possible the reasonable use of the land, building, or structure. Finding: Compliance with the yard requirements will not eliminate or reduce the reasonable use of the land and structure. (L) Harmony with General Purpose. The Board of Adjustment shall further make a finding that the granting of the variance will be in harmony with the general purpose and intent of Zoning, Chapters 160-165, and will not be injurious to the neighborhood, or otherwise detrimental to the public welfare. Finding: Granting of the variance is not in harmony with the intent and purpose of zoning. (2.) Reasons set forth in the application justify granting the variance, and that the variance is the minimum variance that will make possible the reasonable use of the land,building, or structure. Finding: The applicant states that the three utility easements limit the use of his property and where he can located structures and therefore justifies granting the variance. H JUSERSICOMMOWLANNINGIREPORTSIBOAPEPORTS20021OCTORERIHARTSFIELDVAR02-25.DOC Board ofAdjustment October 7, 2002 VAR02-25 Hartsfield Page 1.4 b. Conditions and Safeguards. In granting any variance, the Boar.d of Adjustment may prescribe appropriate conditions and safeguards in conformity with the zoning regulations. Finding: Staff recommends denial of this variance. Should the Board decide to approve the variance, the following conditions are recommended: 1. Storage building shall be compatible with the existing residential structure. 2. Eaves and overhangs of the structure shall not exceed the approved variance. 3. The height of the structure shall not exceed 10'. C. No Variance Allowed. Under no circumstances shall the Board of Adjustment grant a variance to allow a use not permissible under Zoning in the district involved, or any use expressly or by implication prohibited by the terms of the zoning regulations in said district. Finding: Storage buildings are allowed as accessory structures in the R-1 district. H-IUSERSICOMMO"LANNINGikEPORY'SIBOAPEPORTS20021OCTOBERIHARYSF,fELDV.4RO2-25DOC Board ofAdjustment October 7, 2002 VAR02-25 Hartsfield Page 1.5 From Chapter 161 Zoning Regulations Fayetteville Unified Development Ordinance § 161.04 DISTRICT R-1: LOW DENSITY RESIDENTIAL. A. Purpose. The Low Density 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. B. Uses. 1. Permitted Uses. F11mit I City-Wide Uses by Right Unit 26 Single-Family Dwelling 2. UsesPermissible on Appeal to the Planning Commission. Unit 2 City-Wide Uses by Conditional Use Permit -Unit 3 Public Protection and Utility Facilities Unit 4 Cultural and Recreational Facilities Unit 8 Single-Family and Two-Family Dwellings C. Density. SINGLE-FAMILY TWO FAMILY DWELLINGS DWELLINGS 4 or Less Families Per 7 or Less Families Per Acre Acre D. Bulk and Area Regul tions. Single-Family Two-Family TOT 70 ft. 80 ft. Minimum Width Lot Area 8,000 sq.ft. 12,000 sq.ft. Minimum Land Area 8,000 sq.ft. 6,000 sq.ft. Per Dwelling Unit E. Ya Requirements(feet). I FRONT I $1011---YARD ' AWYAiU__1 RE YARb F. 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) H.,IUSERSICOMMOMPL4NjVlNGIREPORTSIBOAPEPORTS20021OCTOBER�HARTSFIELDVAR02-25-DOC Board ofAdjustment October 7, 2002 VAR02-25 Hartsfield Page 1.6 From Chapter 163 Use Conditions Fayetteville Unified Development Ordinance ACCESSORY STRUCTURES AND USES. Accessory structures and uses shall be subject to the applicable use conditions set forth in Zoning, Chapters 160-165, and to the following general conditions: A. Accessory Buildings. 1. When Erected. No accessory building shall be erected on any property prior to the construction of the principal building,.UNLESS such accessory building shall have been approved by the Planning Commission as a conditional use.An approved accessory building erected prior to the principal building shall not be inhabited. 2. Integral Part of Principal Building. An accessory building erected as an integral part of the principal building shall be made structurally a part thereof, shall have a common wall therewith,and shall comply in all respects with the requirements of the building code applicable to the principal building. Ere- N' d-d B. Trash Containers. "Lo-Dal"type trash containers located in any required yard shall be screened along the side(s)of the container which encroach into the required yard, except that screening shall not be required on the access side of the container. Where a trash container encroaches totally within a required yard, either the ftont or the back of the container shall not be screened. C.Swimming Pools. Swimming pools shall not be located in any required front yard. (Code 199 1, §160.076; Code 1965,App.A,Art. 7(l); Ord.No. 1747,6-29-70;Ord.No.2177, 12-16-75;Ord.No. 3131, 10-1-85) HIUSERSICOMMONWLANNINGtREPOR7SIBOAPEPOR7"S2002iOCTOBERWARTSFIELDVAR02_25DOC Board of Adjustment October 7, 2002 VAR02-25 Hartsfield Page 1.7 1905 Ed Edwards fyarwA'Re,Ar.72701 479443-5295 479-587-3525 bWd090dis@a01.CDM June 23,2002 City of Fayetteville Planning ComillissiOn Conamilssloirm, I am addressing the Planning Commission for approval of a storage building in my backyard.I am also requesung a variance on the setbacks.I am askingthat I be allowed to setthe storage building in the back yard in the southwest comer of the property.I am also asking the building be within the setback area, specifically 5ftfrond the south fence and 10ft from the west fence.I n following with the checklist,I hope to address the questions flat may arise under section 7 of the checklist a)That special conditions and circumstances e)dst which ale peculiartD the land,structure,or building involved and which are not applicable to other lands structures,or buildings in the same district I feet this section specifically applies to my situation.In the building Of MY residence,itwas set back due to utility rigbt-of-ways on three sides of the residence.As can be noted from the survey(included),I am limited to where items can be placed on my property.I feel the site I have chosen will best fit in with my residence and others around it b)That Ifterall interpretation of the pmvisions of this ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district underthe terms of this ordinance. I am not sure if I can answerthis question without guessing,but I would feel safe in guessingthot most properties aye not as restricted as mine in the placement of buildings on the pmperty due to right-Of-way. c)That special conditions and circumstances do not result from the actions of the applicant. The residence was completed when I bought iL I am somewhat embarrassed I did not ask more of the dgkt- of-ways of the property. d)That granting the variance requested will not confer on the applicant any special privilege that is denied by this ordinance to other lands,structures,or buildings in the same district. I am not sure what other restrictions or allowances have been granted to others in the neighborhood.I feel that it will just allow me to use what property I have available to me. in closing,I have limited space on my property due to utility right-of-ways.Further set backs will force me to put a storage building in the middle of my yard a ad not allow me to enjoy my property to its fullest exteaL I thank you for your consideration in this matter. Sincerely, C"Y a �.ay a�fieldl Board ofAdjustment October 7, 2002 VAR02-25 Hartsfield Page 1.8 SEQUOYSIMEADOWS ARCHITECTURAL REVIO BOARD Charles Davis, Chairman (479)444-7562 Philip Weber (479)582-5589 Nancy J. Mills (479)521-4051 Dale Shultz (479)444-7811 Geary D.Lowery (479)443-0767 August 17, 2002 Carey Hartsfield 1905 Ed Edwards Fayetteville,Arkansas 72701 RE: Outbuilding Construction Dear Mr. Hartsfield: The Architectural Review Committee has reviewed your request for construction of a storage building and have looked over the information and photo you provided. It is the consensus of the committee that this building will conform with the dictates of the covenants in the form as submitted to the committee at the August 17, 2002, meeting. We cannot dictate setbacks, easements, and adjustments on the placement of the building except that as in accordance with the Protective Covenants the building must be in the back yard, but we believe one of the requirements of the city for a variance for setbacks is that you have the consent of your neighbors and approval from the Board of Adjustment. Thank you for submitting your plans and working with the Architectural Review Board regarding this matter. Sincerely, YOUR SEQUOYAH MEADOWS ARCHITECTURAL REVIEW BOARD Board ofAdjustment October 7, 2002 VAR02-25 Hartsfield Page 1.9 NOO6IO'OO"E 100.02' Z�o "H 10'UTIL.ESMT > -------------------------------- m Co C; 00 m CD 0 m 00 m '0 0 zn 4.7' 4.r 4.r 0 0 uox HIS 04 .7 PO UTIL.ESMT. PO ------R,W w S000.10,00"W 100.00' - 0 GE ..T > 0 ED EDWARDS ROAD (ASPHALT) 0 ............ .. 011d ................ 0 > r > < F z I > m ............ m > )R .................... 9 X>+ (DO@ m (DO Q m z 0 0 m 0 0 0 m �l I A m m 0 Board of A dj October VAR02-25 Hartsfield 1z, 8 1 Page 1.10 Hartsfield - VAR 02-25 RE N VAROX25Hartsfield Pago L11 VAR02-25.00 HARTSFIELD Close Up View SUBJEC El P-1 Ep L3 MILO W�.Y 71W WAY Overview Legend Subject Property Boundary Master Street Plan VAR02-25.00 Planning Area Freeway/Expressway Principal Arterial N— Y Streets .60vedayDistnct U, i r City Limits Minor Arterial E)dsting L.——1 Roard ofAdjustment Collector Planned Outside City October 7, 2002 Historic Collector 'AR02-25 Hartsfield 0 75 150 300 450 600 Page 1.12 Feet VAR02-25.00 One Mile View HARTSFIELD F UOYAh Y SUBJECT PROPERTY ,HNDO BOULDER Overview Legend Subject Property Boundary Master Stmt Plan VAR02-25.00 Planning Ama CP000% J Oveday Distlict 41k�o MmorAdedal Stmets aifing I City Limits Colledor L—— AL6WPlanned Outside City HistoncColledor Board ofAdjustment October 7, 2002 VAR02-25 Hartsfield 0 0.1 0.2 0.4 0.6 0-tiles Page 1.13 Board ofAdjustment October 7, 2002 VAR02-25 Hartsfield Page 1.14