HomeMy WebLinkAbout2010-03-01 - Agendas •
Tae;ile
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, MARCH 1, 2010 at 3:45 p.m.
Room 111, City Administration Building
The following items will be considered:
1. Approval of the minutes from the January 4, 2010 regular meeting and the January 19, 2010
Special Meeting.
New Business:
2. BOA 10-3530 (NARROW ESCAPES, 444): Submitted by BATES & ASSOCIATES for
property located on THE SOUTH SIDE OF NORTH STREET, IMMEDIATELY EAST OF
THE ARKANSAS AND MISSOURI RAILROAD CORRIDOR. The property is zoned RMF-
24, MULTI FAMILY - 24 UNITS/ACRE and contains approximately 2.15 acres. The request
is for variances from the minimum buildable street frontage requirements.
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.
Page 1 of 4
MINUTES OF A MEETING OF THE
BOARD OF ADJUSTMENT
A regular meeting of the Board of Adjustment was held on January 4, 2010 at 3:45 p.m.
in Room 326 of the City Administration Building, 113 W. Mountain, Fayetteville,
Arkansas.
ITEMS DISCUSSED ACTION TAKEN
MINUTES: December 7, 2009 Approved
Page 2
BOA 09-3492 (Leon Gregory/7205 & 7211 Wedington Dr., 434) Approved
Page 3
MEMBERS PRESENT MEMBERS ABSENT
Sheree Alt
Steven Bandy
William Chesser
Robert Kohler
Bob Nickle
Mark Waller
Kristen Knight
STAFF PRESENT STAFF ABSENT
Jesse Fulcher
Andrew Garner
Dara Sanders
Jason Kelley
Jeremy Pate
Board of Adjustment Chair Bob Kohler called the meeting to order at 3:45 PM.
March 1,2010
Board of Adjustment
BOA Minutes 1-4-10
Agenda Item 1
Page 1 of 4
Page 2 of 4
Approval of the December 7, 2009 Board of Adjustment meeting minutes.
Motion:
Board Member Chesser made a motion to approve the minutes from the December 7,
2009 Board of Adjustment meeting. Board Member Nickle seconded the motion. Upon
roll call, the motion passed with a vote of 4-0-0.
March 1,2010
Board of Adjustment
BOA Minutes 1-4-10
Agenda Item 1
Page 2 of 4
Page 3 of 4
BOA 09-3492 (LEON GREGORY, 434): Submitted by BATES & ASSOCIATES for
property located at 7205 & 7211 W. WEDINGTON DRIVE. The property is zoned R-A,
RESIDENTIAL-AGRICULTURAL and contains approximately 0.64 acres. The request
is for variances from the lot area, width, and setback requirements.
Andrew Garner, Senior Planner, gave the staff report discussing the existing two single
family homes that were built on this property several decades ago. The property was
annexed into the City by general election in 2006 and these homes became non-
conforming. The applicant is requesting variances to subdivide the property into two lots
and to bring the non-conconforming building setbacks into compliance.
Board Member Kohler discussed that these two non-conforming homes were inherited
by the City as a result of the annexation.
Derrick Thomas, applicant, was present to answer any questions.
Board Member Nickle discussed that this was a pretty straightforward request.
No public comment was presented.
Motion:
Board Member Nickle made a motion to approve the request with conditions as listed in
the staff report. Board Member Chesser seconded the motion. Upon roll call, the
motion passed with a vote of 4-0-0.
March 1,2010
Board of Adjustment
BOA Minutes 1-4-10
Agenda Item 1
Page 3 of 4
Board of Adjustment
January 4, 2010
Page 4 of 4
Announcements
Jason Kelley, Assistant City Attorney, distributed the memorandum of understanding
that came out of the court-ordered mediation for the Board of Adjustment item that has
been appealed to the Washington County Circuit Court. He discussed that he has
attempted to contact the applicant to submit a modified variance application to the Board
of Adjustment per the mediation agreement, although the applicant has not submitted an
application or been responsive thus far.
Several Board Members and Jason Kelley discussed that a special meeting may need
to be held by the Board of Adjustment if the applicant submits an application prior to the
January 25, 2010 court date.
All business being concluded, the meeting was adjourned at 4:00 p.m.
March 1,2010
Board of Adjustment
BOA Minutes 1-4-10
Agenda Item 1
Page 4 of 4
Board of Adjustment Special Meeting
January 19, 2010
Page 1 of 3
MINUTES OF A SPECIAL MEETING OF THE
BOARD OF ADJUSTMENT
A special meeting of the Board of Adjustment was held on January 19, 2010 at 3:45 p.m.
in Room 111 of the City Administration Building, 113 W. Mountain, Fayetteville,
Arkansas.
ITEMS DISCUSSED ACTION TAKEN
BOA 10-3506 (D. Hill/208 W. Sycamore, 367) Approved
Page 2
MEMBERS PRESENT MEMBERS ABSENT
Sheree Alt
Steven Bandy
William Chesser
Robert Kohler
Bob Nickle
Mark Waller
Kristen Knight
STAFF PRESENT STAFF ABSENT
Jesse Fulcher
Andrew Garner
Dara Sanders
Jason Kelley
Jeremy Pate
Board of Adjustment Chair Bob Kohler called the meeting to order at 3:45 PM.
March 1,2010
Board of Adjustment
BOA Minutes 1-19-10
Agenda Item 1
Page 1 of 3
Board of Adjustment Special Meeting
January 19, 2010
Page 2 of 3
BOA 10-3506 (D. HILL / 208 W. SYCAMORE, 367): Submitted by DAVID M. HILL
for property located at 208 W. SYCAMORE STREET. The property is zoned RSF-4,
RESIDENTIAL SINGLE FAMILY 4 UNITS PER ACRE and contains approximately
0.27 acres. The request is for front building setback variances off of Woolsey Avenue
and Sycamore Street to bring a nonconforming structure into compliance.
Andrew Garner, Senior Planner, gave the background for the previous variance request
at the property that was denied in 2009, and the current variance request that has been
brought forward as a result of the court-ordered mediation agreement.
Board Member Kohler described the request of the applicant that would satisfy the
mediation agreement.
Jason Kelley, Assistant Attorney, reviewed the copy of the mediation that was provided
to the board. He described the mediation meeting and discussed that he thinks the request
is reasonable and that both the City and applicant made concessions. If the variance is not
granted we will go to trial.
Board Member Nickle discussed the 3.5 hour mediation. He discussed that there were
some changes in the methodology of how city does some of this permitting that occurred
directly as a result of this project and to avoid problems in the future. He discussed that
this request would allow the street department to expand the street intersection in the
future without having to condemn the subject property. He felt like the mediation
agreement was a reasonable compromise.
Board Member Kohler asked about whether part of the structure was in the right-of-
way?
Kelley discussed that a portion of the structure on Woolsey Avenue was in the right-of-
way.
Board Member Alt asked for more details about the mediation.
Board Member Nickle responded that the structural safety was discussed and was a
concern; verifying the stability and load for the trusses for the safety of the current and
future occupants of the house.
Kelley described that the mediation agreement resulted in something where both sides
met in the middle. The City won't have to buy the applicant's deck if Woolsey Avenue
needs to be widened.
Board Member Waller asked if the board can consider the risk of the City going to trial
as part of their decision of the variance.
Kelley responded that, yes, the board can consider the risk of going to trial in their
decision.
March 1,2010
Board of Adjustment
BOA Minutes 1-19-10
Agenda Item 1
Page 2 of 3
Board of Adjustment Special Meeting
January 19, 2010
Page 3 of 3
No public comment was presented.
Wes Dawson, applicant's attorney, discussed that he thinks the mediation is a good
agreement. A lot of people have commented that they think the applicant's addition to his
home is an improvement. He discussed that the applicant tried to do everything
appropriately. We have come to a reasonable agreement. There were some mistakes made
on both sides.
Kelley discussed the staff recommended conditions of approval.
Board Member Kohler asked if a variance was needed to bring the existing
nonconforming structure into compliance.
Jeremy Pate, Development Services Director, discussed that the variance should include
bringing the existing nonconforming structure into compliance.
Board Member Nickle discussed that the recommended condition that the structure be
removed within 90 days be modified to allow the applicant 120 days to remove the
structure.
Motion:
Board Member Nickle made a motion to approve the request as requested by the
applicant, and also to approve variances to bring the existing nonconforming home into
compliance, modifying condition of approval No. 1 to give the applicant 120 days,
instead of 90. Board Member Alt seconded the motion. Upon roll call, the motion
passed with a vote of 5-1-0, with Board Member Waller voting `no'.
All business being concluded, the meeting was adjourned at 4:30 p.m.
March 1,2010
Board of Adjustment
BOA Minutes 1-19-10
Agenda Item 1
Page 3 of 3
—Ile
BOA Meeting of March 1, 2010
ARKANSAS
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: February 19, 2010
BOA 10-3530 (NARROW ESCAPES, 444): Submitted by BATES & ASSOCIATES
for property located on THE SOUTH SIDE OF NORTH STREET, IMMEDIATELY
EAST OF THE ARKANSAS AND MISSOURI RAILROAD CORRIDOR. The property
is zoned RMF-24, MULTI FAMILY - 24 UNITS/ACRE and contains approximately
2.15 acres. The request is for variances from the minimum buildable street frontage
requirements. Planner: Andrew Garner
BACKGROUND:
Property: The subject 2.15 acre property is a long narrow sliver of property on the south
side of North Street, immediately east of the Frisco railroad corridor. The site also has
frontage onto Frisco Avenue and is zoned RMF-24. Scull Creek is located just west of the
site and portions of the site are within the floodplain. Surrounding land use and zoning is
depicted on Table 1.
Table 1
Surrounding Land Use/tonin
Direction from Site Land Use Zoning
North Multi-family residential RMF-24
South Undeveloped RMF-24
East Multi-and single family residential RMF-24
West Railway corridor; antique shop; undeveloped RMF-40; 1-1
Background: On February 8, 2010 the Fayetteville Planning Commission approved a
large scale development(LSD 09-3481) for Narrow Escapes. The approved project is for
a multi-family development with a 30-unit condominium building and four two-family
cottages for a total of 38 units. The development is concentrated on the northern portion
of the site. The southern portion of the site will remain undeveloped and dedicated as a
tree preservation area,partially within the floodplain.
Proposal: The RMF-24 zoning district requires a minimum buildable street frontage of
50% of the lot width that is located within the build-to zone (between the 10-25 feet from
the front property line). The total street frontage along North Street is approximately 80
feet, and the total street frontage along Frisco Avenue is 898 feet. According to the
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Agenda Item 2
Page 1 of 10
minimum buildable street frontage requirement, the total length of all new buildings
adjacent to North Street must be a minimum of 40 feet within the build-to zone, and the
total length of new buildings adjacent to Frisco Avenue must be a minimum of 449 feet.
Currently, the total length of all buildings adjacent to North Street within the build-to
zone is 34 feet, or 43% of the street frontage, and the length of all buildings adjacent to
Frisco Avenue within the build-to zone is 370 feet, or 41%. Consequently, the proposed
structures require variances to be approved from the Board of Adjustment prior to
development(see Table 1).
Table 1
Variance Request
Variance Issue Ordinance Requirement Applicant's Request
Minimum buildable street frontage 50% of the lot width within the build-to 43% (a 7%variance)
North Street zone
Minimum buildable street frontage 50% of the lot width within the build-to 41% (a 9%variance)
Frisco Avenue zone
Public Comment: Staff has not received public comment.
CITY PLAN 2025 FUTURE LAND USE PLAN DESIGNATION:
City Neighborhood Area
RECOMMENDATION:
Based on the findings included herein, staff recommends approval of the requested
c variances of minimum buildable street frontagenn,North Street and Frisco Avenue,
for the proposed development.
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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. 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.
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Agenda Item 2
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Finding: Special conditions do exist that are peculiar to the site. The property
is a long narrow parcel (approximately 80 feet by 1,000 feet) between
existing development and a railway corridor. The property is also
unusual in that it has a large amount of street frontage along the
north and east property lines. The RMF-24 zoning of the property
encourages development with a relatively high density, and with the
configuration of the property, a second point of access on North Street
is needed, preventing the minimum 50% buildable area from being
provided because of the required driveway. Along Frisco Avenue
there is a large amount of frontage, approximately 898 feet, and the
developer is transitioning from a multi-family development into a
single family neighborhood to the east and south. They have therefore
transitioned the development from a large multi-family structure to
smaller detached cottages, which do not provide as much street
coverage. Additionally, the southern portion of the site is in the Scull
Creek floodplain and is being preserved in a tree preservation area.
This undevelopable, preserved area of the site does not offer the
opportunity for structures to be built at the street frontage, further
necessitating the variance of buildable street frontage.
2. Deprivation of Rights. That literal interpretation of the provisions of the
zoning regulations would deprive the applicant of rights commonly p`
enjoyed by other:properties in the same district under the terms of the
zoning regulations.
Finding: " Literal interpretation of the RMF-24 zoning regulations related to :. .:;. ,_ •t•; ; ::
minimum . buildable street frontage requirements for the ,new , , ,_t,
proposed development would deprive the applicant of rights enjoyed
by other properties in the same district to develop the property for
multi-family use. Due to.the unique nature of the property it would be..-
impractical
e._impractical to develop and access without variances.
3. Resulting Actions. That the special conditions and circumstances do not
result from the actions of the applicant.
Finding: The unique size and configuration of the property is not a result of the
actions of the applicant, as the property was subdivided and the
surrounding property developed prior the applicant's ownership.
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 minimum buildable frontage variances for the
new development will not confer special privileges on this applicant.
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Agenda Item 2
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The variances will permit the applicant to develop the 2.15-acre site
with a 38 unit development, consistent with the nature and scope of
development permitted on other RMF-24 lots.
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.
Finding. A public,hearing is scheduled for Monday,March 1, 2010. s.
3.' Findings. The Board of Adjustment shall make the following findings:
a. ' Minimum Variance. That the reasons set forth in the application
jdstify;the:granting of the variance, and that the variance isthe
,minimum variance that will make possible the reasonable use of
the land, building, or structure.
- Finding:-_ _ The requested..variance is the minimum variance needed-in.order for
the applicant to make reasonable use of the site for multi-family
development.
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: Granting the variance would be in harmony with the general purpose
and intent of zoning regulations. The intent of the minimum buildable
street frontage is to encourage a continuous, traditional, and
pedestrian oriented streetscape, and to discourage suburban
development trends such as large parking lots located between the
structure and the sidewalk. The proposed development would place
new structures within the build-to zone along both North Street and
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Frisco Avenue with parking and access to the rear of the buildings
away from the street. The proposed development meets the intent of
the minimum buildable street frontage requirement. Staff finds that
the proposal would not be injurious to the neighborhood but would be
beneficial by providing infill development consistent with City Plan
2025. Public infrastructure would be improved including widening of
Frisco Avenue and a new sidewalk connection to the off-site multi-use
Scull Creek Trail. Additionally, a portion of the Scull Creek
floodplain would be placed into a tree preservation area.
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 not recommended any conditions of approval.
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: MA
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Agenda Item 2
Page 5 of 10
Associates, inc.
6o Englnool ng, ;Survuying
91 W.Colt Square Dr.Suite 3(Fayetteville,AR 72703
PH:479=442-9350`FAX:479-521-9350
February 8,2010
Planning Board of Adjustments
City of Fayetteville
113 West Mountain
Fayetteville, AR 72701
IRE: Narrow Escapes Large Scale Development Plan
Dear Board,
Narrow Escapes is a proposed multi-family development located off of forth Street on 11.25
acres. The project will consist of two four story multi-family buildings and four duplex.
buildings for a total of 40 units. Currently, the site is undeveloped except for a large storage
building and a portion of Frisco Avenue runs through the property,
The project will be compatible with the adjacent multi-family buildings and is zoned RMF-24.
The variance is to the minirnutn street frontagerequirements as follows:
North Street;
Total 80'frontage;minimum 50%buildable street frontage(40'');provided 2.5 built
street frontage(34)= 7.5%variance(6)
Frisco
Multi-family building: 130'in the build-to zone (measured from western edge of Adams
St. ROW)Two-family buildings:240'inthe build-to zone (4 buildings,at b0'each)
TOTALS 370'
Frisco Total: 898'street frontage and 371'buildable street frontage provided (4l.2°o or
an 8.8%variance) or 79'
a. The existing lot is peculiar due to the dimensions being 80' wide byntore than 800'long.
b. The requested variance is due to the long lot and excessive street frontage along Frisco.
The circumstances were existing and not due to actions by the applicant.
c. The granting of this variance will not confer any special privilege that is denied by this
ordinance to other lands.
Sincerely
Bares &Associates,Inc.
Geoffrey H. Bates7P.E.
March 1,2010
Board of Adjustment
BOA 10-3530 Narrow Escapes
Agenda Item 2 - -
Page 6 of 10
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enda Item 2
Page 7 of 10
March 1,2010
Board of Adjustment
BOA 10-3530 Narrow Escapes
Agenda Item 2
Page 8 of 10
BOA10-3530 NARROW ESCAPES
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BOA 10-3530 Narrow Escapes
Agenda Item 2
Page 9 of 10
BOA10-3530 NARROW ESCAPES
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Boundary
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177
o 0.25 0.5
Miles March 1,2010
Board of Adjustment
BOA 10-3530 Narrow Escapes
Agenda Item 2
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