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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 G:IETC1Development Services Review120101Developmenf Review110-3530 BOA Narrow Escapes North Si.&AR&AVA�h 1 2010 tracUO3-01-101Comments and Redlines Board of Adjustment BOA 10-3530 Narrow Escapes 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. l l €el tEEt:ll '� [N1I 1 .s 1.1€fs_ s:t[ � . .. .'.... trrE 1 U. >egl ._ r' r1 ... �1 rr .; r rrFE ........:... . xE__EFe rr 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. G:IETCWevelopment Services Review1201010evelopment Review110-3530 BOA Narrow Escapes North St.&AR&A % 1,2010 trac&03-01-101Comments and Redlines Board of Adjustment BOA 10-3530 Narrow Escapes Agenda Item 2 Page 2 of 10 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. G:IETCIDevelopment Services Reviewl20101Development ReviewllO-3530 BOA Narrow Escapes North St.&AR&4AM 1,2010 tracks103-01-IOIComments and Redlines Board of Adjustment BOA 10-3530 Narrow Escapes Agenda Item 2 Page 3 of 10 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 G:IETCIDevelopment Services Review120/OtDevelopment RevrewV 0-3530 BOA Narrow Escapes North St.&AR&At(h" 1 2010 tracks103-01-101Comments and Redlines Board of Adjustment BOA 10-3530 Narrow Escapes Agenda Item 2 Page 4 of 10 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 G:IETCWevelopment Services Review1201OWevelopment ReviewVO-3530 BOA Narrow Escapes North St.&AR&Aftm 1,2010 tracks103-01-101Comments and Redlines Board of Adjustment BOA 10-3530 Narrow Escapes 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 UF,1\1,1�Nillk *-Will =3 a TIM I I Rw.on -` sx1 urm nm .� hn®ur I .• O n�isn c� E� Y2E siari.:i°r"`° s WnN�Prm- IIKI wrl b. 1 JJ � I txe nr s. IXffAF9 dnrt [Mrf�60 \��� :..: iu S$ Vj'N 1 f � — e�iY w t.f _ 1 — 13F — 1 � ,•.. ' - � P+F'.[ 1 .. �-._— _ __S!L—�� nn[ gR rmu \\ — \ �FiY"'�\ l f / --�~ — — Rena ��``� zoa.o a s• ...____ J s \•� ��.'z ]]�]] , _ � -- / _` ".. � AILROA9 erz ex ___ ARgpp5A5 d HlS5nUR1 R �r sypn rc�riisim`vwzr< _ _ -- N u.vR uuv '� n --- �❑ EXISTING SITE a vl Z As vi he a- Y d � J O� Q w 4 � o c7 L 1 5 < a z o w LL ¢ EIrw.I r• �� � w a LRS.. a ••` mvwr lre1 a �n rvvm. a •.w12 naa�l �� nm..nr eY FrrY �.. ® a E9B . 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NSFa� rT� V a Ro P.IE tl �i+'r� -moi z Mcf' ¢a W Raga ��i4F ;`;-�" `,� �y 3T ReF j BELAIR OR "' 'c Raw 'M ASH ST dfiBRa m -I d RaFd RSFd P•1 'gyDAR33T !- f(IFfCRPN 2 gMFna RRID ASH ST w RBF,RSF11 2 L.I.DR tM'RBFd REFI Wf-Ya - -- P'I RSWyM RIlF�81 '. e1r�2�RBFa PI m HEN IX RMw.0 IRI,Y+a/ I=Y MORaFd I D _ LAWSON -C RI hT "teaSUBJECT PROPERTY R 4 ceRBFdDARST IM�-MRaFd .. Opp RMS "' 1P` HOLL ST RBrJ `a I Fa MEMO - RSFd } . R S+ RSF-1 RP2O-0• .R. d Fwu ROBLr-La ST r _aqp2 w. F•' cl RICIA LN AAF, qrE t2Q F ap W 1 S ? R�RBFw ¢ G1 D DR w Iy � i, R&F, ReFd W RBF,Wd R-0 - c? R,o u ADAMS ST 2 ER ST RBFa O Ra F.I RBF O p Re 4 G aSAXT o HAWTHORN ST 2 RaF4 RN ST . 6H R9F4 J.; �R6Fd M"M" IPI +1 � PROSPECTCT 57 I'ROSPEC73T RSFa R F� R1 l ?, R - RV4 R$Fa RSFd fla - ¢ AI Rea-f< N REBECCA ST ¢ RMF2a LOUISEsT RSFdq ZRSFI RS RSFd RSFd RW4 W RB R6FOs' } RMF P-1 ILA$T > N X151 pJ 4 519 W RFd RSFd S Fa yl RSFd i RSFd ¢ RSFa d 3F24I.1 L RD N t 'IBFdG c RSFd RSF j P-1 w FAYETTE sT _as" a M1F•9R CHID �, LLEY 98 MSC' RaT _ MARKH RI Sly D M9C STTO F0 cFz aid Msc rrec nuc M,y'oµsc Msc Mac Mac: t+aFa UST HW ALL 223 I P 4 OICMONSTFA RBFID D Mac Ma c M4C FF1I R MSC We MBC�II N R W SPRING ST w2Faa W p_ E MSC I CMac•" Macuac Ma�' I,camWwca I.mC. .TER ESHIP ST sT Mac RI'F�MAINE 3T ROY POND DR�� RI I Mst MY-Qa STONE ST 0.1 RI 3 E F.1 RAFdt aMF.ze RI sr::_ F-a Overview Legend �r S•-�B Subject Property a r ®e0A1Q3530 Boundary :i 177 o 0.25 0.5 Miles March 1,2010 Board of Adjustment BOA 10-3530 Narrow Escapes Agenda Item 2 Page 10 of 10