HomeMy WebLinkAbout2010-10-04 - Agendas •
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ARKANSAS
THE CITY OF FAYETTEVILLE,ARKANSAS
113 W.Mountain St.
Fayetteville,AR 72701
Telephone: (479)575-8267
AGENDA FOR A MEETING OF THE
BOARD OF ADJUSTMENT
MONDAY, OCTOBER 4, 2010 at 3:45 p.m.
Room 111, City Administration Building
The following items will be considered:
1. Approval of the minutes from the September 13, 2010 meeting.
New Business:
2. BOA 10-3674 (PAUL REGAN / 531 E. MAPLE ST., 485): Submitted by ALAN REID
for property located at 531 E. MAPLE STREET. The property is zoned RSF-4, SINGLE
FAMILY - 4 UNITS/ACRE and contains approximately 0.90 acres. The request is for lot
width, lot area, and side setback variances in order to subdivide an existing developed lot into
two lots. Planner: Andrew Garner
All interested parties may appear and be heard at the public hearings. A copy of the proposed amendments and
other pertinent data are open and available for inspection in the office of City Planning (479-575-8267), 125
West Mountain Street, Fayetteville, Arkansas. All interested parties are invited to review the petitions.
Interpreters or TDD (Telecommunication Device for the Deaf) are available for all public hearings; 72 hour
notice is required. For further information or to request an interpreter,please call 479-575-8330.
•
Taye evl e
ARKANSAS
ORDER OF BOARD OF ADJUSTMENT MEETING
A. Introduction of agenda item—Chairman
B. Presentation of Staff Report
C. Presentation of request—Applicant
D. Public Comment
E. Response by Applicant/Questions & Answer with Board
F. Action of the Board of Adjustment (Discussion & Vote)
NOTE TO MEMBERS OF THE AUDIENCE
If you wish to address the Board of Adjustment on an agenda item raise your hand when
the Chairman asks for public comment. He will do this after he has given Board
members the opportunity to speak and before a final vote is taken. Public comment will
only be permitted during this part of the hearing for each item.
Once the Chairman recognizes you, go to the podium at the front of the room and give
your name and address. Address your comments to the Chairman, who is the presiding
officer. He will direct them to the appropriate appointed official, staff member or others
for response. Please keep your comments brief, to the point, and relevant to the agenda
item being considered so that everyone has a chance to speak.
Please, as a matter of courtesy, refrain from applauding or booing any speakers or actions
of the Board of Adjustment.
2010 Board of Adjustment Members
Robert Kohler (Chairman)
Sheree Alt
Mark Waller
Steven Bandy
Evan Niehues
Kristen Knight
Board of Adjustment Meeting
September 13, 2010
Page 1 of 5
MINUTES OF THE
BOARD OF ADJUSTMENT
A regular meeting of the Board of Adjustment was held on September 13, 2010 at 3:45
p.m. in Room 111 of the City Administration Building, 113 W. Mountain, Fayetteville,
Arkansas.
ITEMS DISCUSSED ACTION TAKEN
MINUTES: June 14, 2010 Approved
BOA 10-3643 (Pomoransky,324) Denied
Page 2
BOA 10-3644 (Kilpatrick, 398) Approved
Page 4
BOA 10-3645 (W-One Investments, 445) Approved
Page 5
MEMBERS PRESENT MEMBERS ABSENT
Sheree Alt
Steven Bandy
Robert Kohler
Mark Waller
Kristen Knight
Evan Niehues
STAFF PRESENT STAFF ABSENT
Jesse Fulcher
Andrew Garner
Data Sanders
Jason Kelley
Jeremy Pate
Board of Adjustment Chair Bob Kohler called the meeting to order at 3:45 PM.
October 4,2010
Board of Adjustment
BOA Minutes 9/13/10
Agenda Item 1
Page 1 of 6
Board of Adjustment Meeting
September 13, 2010
Page 2 of 5
BOA 10-3643 (POMORANSKY 2732 MEADOWLARK, 324): Submitted by JOHN
POROMANSKY for property located at 2732 MEADOWLARK. The property is zoned
RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 0.29 acre. The
request is for a side setback variance for a parking cover.
Andrew Garner, Senior Planner, gave the staff report discussing the request for an RV
parking cover and staff's discussions and site visits with the applicant.
Board Member Kohler asked about angling the parking cover.
Garner discussed that the parking cover could be angled and that the cover would extend
further into the applicant's yard if it were angled.
Board Member Knight referred to photos in the packet showing the RV parked greater
than five feet from the side property line.
John Pomoransky, applicant, gave the background for the request, his owned the
property for several decades, and the improvements he has made to it. He discussed the
metal sheds that had been removed from this area of the yard. He discussed the process
that he went through to obtain permission to place the structure in the easement and
installing gravel for the cover. He referred to photos and a petition signed by neighbors
stating they were okay with his proposal.
Board Member Kohler asked if the applicant has any plans to attach any other
structures to the RV cover.
John Pomoransky, applicant, stated that he would not attach anything to the cover.
Board Member Knight asked when the base for the RV cover was installed.
John Pomoransky, applicant, discussed that there had been gravel there for many years,
but that in spring 2010 he installed additional base and timbers to contain and define the
parking pad.
Board Member Kohler discussed that he was having trouble with this request due to
lack of a hardship.
John Pomoransky, applicant, discussed that he feels like he was misled by the City.
No public comment was presented.
Board Member Nieheus asked whether or not the side panels could be pulled out under
the RV cover.
John Pomoransky, applicant, discussed that with his proposed 18-foot cover they could
be pulled out, but with the 15-foot cover they would not be able to be pulled out the
October 4,2010
Board of Adjustment
BOA Minutes 9/13/10
Agenda Item 1
Page 2 of 6
Board of Adjustment Meeting
September 13, 2010
Page 3 of 5
entire width, unless the vehicle were centered perfectly, and even then they would
probably not be able to be pulled out all the way. He discussed that he owns the property
and lived there for 29 years, made improvements to the property, and had the neighbor's
support for his proposed cover.
Board Member Alt asked when the home was build.
John Pomoransky discussed that he moved into the property in the late 197O's.
Board Member Knight referred to a note in the report that the home was built in 1967.
Motion:
Board Member Alt discussed that she did not see any hardship that justifies a variance
and made a motion to deny the request. Board Member Knight seconded the motion.
Upon roll call, the motion passed with a vote of 4-0-0.
October 4,2010
Board of Adjustment
BOA Minutes 9/13/10
Agenda Item 1
Page 3 of 6
Board of Adjustment Meeting
September 13, 2010
Page 4 of 5
BOA 10-3644 (KILPATRICK 4910 WEDINGTON, 398): Submitted by SARAH
KILPATRICK for property located at 4910 W. WEDINGTON DRIVE. The property is
zoned R-A, RESIDENTIAL-AGRICULTURAL and contains approximately 1.95 acres.
The request is for a variance of lot width and lot area to bring a nonconforming lot into
compliance.
Dara Sanders, Current Planner, gave the staff report.
Sarah Kilpatrick, applicant, discussed that she was here for any questions.
Derrick Kilpatrck, applicant's husband, gave positive comments for his wife's existing
business that was moving to the subject property.
No additional public comment was presented.
Motion:
Board Member Alt made a motion to approve the request. Board Member Knight
seconded the motion. Upon roll call, the motion passed with a vote of 4-0-0.
October 4,2010
Board of Adjustment
BOA Minutes 9/13/10
Agenda Item 1
Page 4 of 6
Board of Adjustment Meeting
September 13, 2010
Page 5 of 5
BOA 10-3645 (W-ONE INVESTMENTS 38 W. TRENTON, 445): Submitted by
PAUL MORTENSON for property located at 38 W. TRENTON BLVD. The property is
zoned R-O, RESIDENTIAL OFFICE and contains approximately 0.91 acre. The request
is to bring an existing structure into compliance for remodeling.
Andrew Garner, Senior Planner, gave the staff report discussing the existing buildings
and the proposed renovation that requires a variance.
Board Member Alt asked about the use in the building.
Paul Mortensen, applicant, discussed that the building is anticipated on being utilized
for professional offices.
Constance Clark, property owner at 27 Trenton Boulevard, discussed that she owns the
property across the street and is not opposed to the project. She also discussed that she
was on the Board of Adjustment many decades ago.
No additional public comment was presented.
Paul Mortensen, applicant, discussed the potential uses and tenants of the building
including a dentist that is evaluating going into the southern building.
Motion:
Board Member Alt made a motion to approve the request. Board Member Knight
seconded the motion. Upon roll call, the motion passed with a vote of 4-0-0.
All business being concluded, the meeting was adjourned at 4:45p.m.
October 4,2010
Board of Adjustment
BOA Minutes 9/13/10
Agenda Item 1
Page 5 of 6
October 4,2010
Board of Adjustment
BOA Minutes 9/13/10
Agenda Item 1
Page 6 of 6
T'0'2
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V 1 BOA Meeting of October 4, 2010
AFKFlNSAS
THE CITY OF FAYETTEVILLE, ARKANSAS
125 W. Mountain St.
Fayetteville,AR 72701
PLANNING DIVISION CORRESPONDENCE Telephone:(479)575-8267
TO: Board of Adjustment
FROM: Andrew Garner, Senior Planner
THRU: Jeremy Pate, Development Services Director
DATE: September 29, 2010
BOA 10-3674 (PAUL REGAN / 531 E. MAPLE ST., 485): Submitted by ALAN REID
for property located at 531 E. MAPLE STREET. The property is zoned RSF-4, SINGLE
FAMILY - 4 UNITS/ACRE and contains approximately 0.90 acres. The request is for lot
width, lot area, and side setback variances in order to subdivide an existing developed lot
into two lots. Planner: Andrew Garner
BACKGROUND:
Property Description: The subject property is located at the southwest corner of Maple
Street and Mission Boulevard in the Washington-Willow Neighborhood in an area with a
variety of dwelling types and lot sizes. The property contains approximately 0.90 acres and
is zoned RSF-4 Residential Single Family Four Units Per Acre. The eastern portion of the
property contains-a two-story house at 533 Maple Street that was constructed in 1947*,
along with an accessory dwelling unit located directly behind this house that was
constructed in 1946*. The western portion of the property contains a two-story duplex
constructed in 1936*. The property has two separate parcel numbers, however, because a
carport and dwelling are constructed over the property line, it is considered to be one legal
lot of record, according to City of Fayetteville policy.
Proposal: The applicant proposes to subdivide the property into two lots, separating the
duplex at 531 Maple Street onto its own lot. However, Tract A, the duplex lot, would not
be able to comply with the minimum requirements for lot width, lot area, or side building
setback. The proposed variances are listed in Table 1.
Table 1
Variance Request
Variance Issue Ordinance Requirement I Applicant's Request
Tract A
Lot Width 70 feet 142 feet 28-foot variance
Lot Area 8,000 sq. ft. 6,592 s . ft. 1,408 sq. ft.
Side Setback east 5 feet 4 feet 1-foot variance
Public Comment: Staff has not received public comment.
*According to Washington County Parcel Records
O.'IETCI Development Services Review120101Developmenl Review110-3674 BOA 531 E.Maple St101-BOA110-04-101Comments&
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BOA 10-3674 Paul Regan
Agenda Item 2
Page 1 of 10
RECOMMENDATION:
Staff recommends approval of the requested variances to allow for the proposed lot
split as indicated on the submitted survey and site plan, subject to the following
conditions of approval:
1. A lot split application will be required to be submitted for review in
accordance with Fayetteville Unified Development Code requirements.
2. The existing driveway that is shared between 531 and 533 Maple Street shall
be placed within an access casement on the lot split plat.
Additional Conditions/Comments:
$b'ARD OF ADJUSTMENT ACTION'; Appxoved" 11 Denied
Date.<.October 412010Motion:- Second
CITY PLAN 2025 LAND USE PLAN DESIGNATION: Residential Area
FINDINGS:
City of Fayetteville Unified Development Code
Section 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: It is a special condition unique to property was developed over 50 years
ago, prior to current zoning and development regulations. The property
was originally platted with two lots; however, a current survey reveals
that portions of some of the structures were built over the lot line.
Therefore, according to Fayetteville Unified Development Code Section
164.12(B)(2) the lot line has been eliminated. The applicant desires to
place a lot line in the logical location between the existing structures, a
few feet to the west of the original lot line. Staff finds that the historic
nature and development pattern on this property and the neighborhood
are unique conditions that warrant granting the variances.
G:IETCIDevelopment Services Review120101Development ReviewV 0-3674 BOA 531 E.Maple Streeill-Board ofAdjustment110-
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BOA 10-3674 Paul Regan
Agenda Item 2
Page 2 of 10
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: In its current configuration, the property may continue to be utilized
with four dwelling units on one lot. However, unless variances are
granted the property would not be able to be subdivided and the duplex
apartment would not be able to be sold on its own legal lot. Subdividing
the property allows for a more economical lot size, consistent with the
rights commonly enjoyed by other properties in the RSF-4 zoning
district.
3. Resulting Actions. That the special conditions and circumstances do not
result from the actions of the applicant.
Finding: The special condition requiring the variance is that the site was
developed prior to current zoning and development regulations. This
condition is not a result of the applicant, but rather a result of new
regulations enacted by the City of Fayetteville.
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 requested variances will not confer special privileges on
this applicant as the existing property will simply be allowed to be
subdivided with the dwelling units remaining on a separate lot for
ownership purposes. Additional density or development rights will not
be granted by these variances.
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: Existing nonconformities were not considered as a basis of the findings
stated in this staff report.
Section 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.
G:IETCIDevelopmeni Services Review120101Developmenl Review110-3674 BOA 531 E.Maple Streeill-Board ofAdjustmen1110-
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BOA 10-3674 Paul Regan
Agenda Item 2
Page 3 of 10
Finding: A public bearing is scheduled for Monday, October 4, 2010.
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: Reasons are provided throughout this report that discuss the
justification for granting the variances. The variances are the minimum
needed to make possible the subdivision of the property.
b. 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: The proposed lot split will not create new developable area, or the
opportunity for new development, it will simply create a new legal lot of
record. The variances will not change the character or appearance of
the neighborhood. In addition, the proposed lot split would result in a
fewer number of dwelling units per lot than the existing situation, and
would be more consistent with the intent of the RSF-4 zoning code for
one primary residence and an accessory residence on one lot.
Additionally, staff has recommended that no change in access to the
properties be permitted so that the properties continue to utilize a
shared driveway, similar to other properties in the neighborhood.
C. Conditions and Safeguards. In granting any variance, the Board of
Adjustment may prescribe appropriate conditions and safeguards in
conformity with the zoning regulations.
Finding: Staff has recommended approval, with conditions listed on page 2 of
this staff report.
d. 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: N/A
G:IETCIDevelopment Services ReviewL7010IDevelopment.ReviewV0-3674 BOA 531 F.Maple Streetll-Board of4djusimentl10-
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Board of Adjustment
BOA 10-3674 Paul Regan
Agenda Item 2
Page 4 of 10
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October 4,2010
Board of Adjustment
BOA 10-3674 Paul Regan
Agenda Item 2
Page 5 of 10
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w v n o Agenda Item 2
Page 6 of 10
City of Fayetteville, Arkansas
Board of Adjustment Variance
Ladies and Gentlemen:
The location of the property for which a variance is being requested is 531 East Maple.
It is a lot with its own separate legal description and parcel number. It measures 50'x 157',
the same as the adjacent lot just to the west.
The trust of which I am the manager wishes to sell the property. Two buyers have
expressed interest.
The property was developed by Monroe Laner (Laner Shoe store, which used to be on
the Square). 531 and 533 East Maple were transferred as one property. At the time of the
purchase (early 1990s) a lot split was not possible under the then extant zoning.
Monroe and his wife lived in the house at 533 E. Maple. There is a "mother-in-law"
apartment attached to the house by a roof line. West of that apartment is a two-story
apartment building. It appears to me that Monroe developed three apartments on the two
lots as an income stream.
The trust would like to separate the two story apartment building from the house and
the mother-in-law apartment, in order to sell the two-story building and the lot.
While the proposed size of the lot (40' x 157') does not meet the city's standards, as it
currently is, and historically,the lot is 50' x 157', or below current standards.
The trust is aching fnr n unrinnre down to 40' width in nrdPr to still the two story
apartment building. One prospective buyer wanted to live in one apartment and rent the
other. Neither prospective buyer was interested in purchasing the whole property consisting
of a house and three apartments.
Were the variance granted the trust would move the entrance to the mother-in-law
apartment from the west side (facing 531 E Maple)to the east or north side of that building,
thus disinclining any occupant of the mother-in-law apartment from crossing the lot at 531 E.
Maple.
There are three parking spaces for the 531 E. Maple lot. That would not change.
I look forward to answering any questions you may have.
Paul Reagan
Juniper Trust, Manager
October 4,2010
Board of Adjustment
BOA 10-3674 Paul Regan
Agenda Item 2
Page 7 of 10
BOA10-3674 PAUL REGAN/531 E. MAPLE
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October 4,2010
Board of Adjustment
BOA 10-3674 Paul Regan
Agenda Item 2
Page 8 of 10
BOA10-3674 PAUL REGAN/ 531 E. MAPLE
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October 4,2010
Board of Adjustment
BOA 10-3674 Paul Regan
Agenda Item 2
Page 9 of 10
October 4,2010
Board of Adjustment
BOA 10-3674 Paul Regan
Agenda Item 2
Page 10 of 10