HomeMy WebLinkAbout2009-03-02 - Agendas ii1e a e ev
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 2,2009 at 3:45 p.m.
Room 326, City Administration Building
The following items will be considered:
1. Approval of the minutes from the February 2,2009 meeting.
New Business:
2. BOA 09-3223 (HIX/504 E. LAFAYETTE,485): Submitted by PRESTON BACON for property
located at 504 E. LAFAYETTE STREET. The property is zoned RSF-4, SINGLE FAMILY-4
UNITS/ACRE and contains approximately 0.43 acres. The request is for a front setback variance to
allow the existing carport to be converted to a garage.
Planner: Jesse Fulcher
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 for hearing impaired
are available for all public hearings;72 hour notice is required. For further information or to request an interpreter,please
call 479-575-8330.
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.
2009 Board of Adjustment Members
Robert Kohler (Chairman)
Sheree Alt
William Chesser
James Zant
Robert Nickle
Mark Waller
Steven Bandy
MINUTES OF A MEETING OF THE
BOARD OF ADJUSTMENT
A regular meeting of the Board of Adjustment was held on February 2, 2009 at 3:45 p.m.
in Room 326 of the City Administration Building, 113 W. Mountain, Fayetteville,
Arkansas.
ITEMS DISCUSSED ACTION TAKEN
MINUTES: January 5, 2009 Approved
Page 2
BOA 09-3203 (GILMORE / OLIVE AVE., 485) Approved
Page 3
BOA 09-3200 (SKILES / SUMMIT AVE., 485) Approved
Page 4
MEMBERS PRESENT MEMBERS ABSENT
Robert Kohler
Sheree Alt
James Zant
William Chesser
Bob Nickle
Mark Waller
Steven Bandy
STAFF PRESENT STAFF ABSENT
Jesse Fulcher
Andrew Garner
Dara Sanders
David Whitaker
Board of Adjustment Chair Bob Kohler called the meeting to order at 3:45 PM.
March 2, 009
Board of Kdjustment
February 2,2009 Minutes
Agenda Item 1
Page 1 of 6
Old Business:
1. Approval of the January 5, 2009 Board of Adjustment meeting minutes.
Motion:
Board Member Zant made a motion to approve the minutes from the January 5, 2009
BOA Meeting. Board Member Nickle seconded the motion. Upon roll call, the
motion passed with a vote of 4-0-0.
Board Member Chesser arrived.
March 2, 009
Board of djustment
February 2,2009 Minutes
Agenda Item 1
Page 2 of 6
New Business:
BOA 09-3203 (GILMORE / OLIVE ST., 485): Submitted by JENNIFER GILMORE
for property located at 436 N. OLIVE AVENUE. The property is zoned RSF-4,
RESIDENTIAL SINGLE FAMILY — 4 UNITS/ACRE. The request is for a front and
side setback variance to bring an existing non-conforming structure into compliance and
to allow for a building expansion.
Jesse Fulcher, Current Planner, discussed the background of the original request and the
process of the applicant re-designing the new structure to reduce the encroachment into
the building setbacks and be consistent with setbacks in the RSF-8 zoning district. Based
on the findings in the staff that there are special conditions unique to this property and the
variances will not be injurious to the neighborhood, staff recommends approval.
Board of Adjustment discussed the existing garage and the proposed addition.
Jason Gilmore, applicant, stated he had no additional comments.
Board Member Kohler asked if there had been any public comment.
Fulcher stated that the Planning Division had not received any public comment.
Board Member Nickle asked if the separate apartment will go away.
Gilmore stated that it would.
Kohler asked if the drip-line would be any closer than 5'8"to the property line.
Gilmore stated that it would not.
No public comment was received.
Board Member Zant stated that this request was pretty cut and dry.
Motion:
Board Member Nickle made a motion to approve the request with conditions as listed in
the staff report. Board Member Waller seconded the motion. Upon roll call the
motion passed with a vote of 5-0-0.
March 2, 009
Board of Idjustment
February 2,2009 Minutes
Agenda Item 1
Page 3 of 6
BOA 09-3200 (SKILES, 485): Submitted by ALBERT SKILES for property located at
213 N. SUMMIT AVE. The property is zoned RSF-4, RESIDENTIAL SINGLE
FAMILY — 4 UNITS/ACRE and contains approximately 0.IS acres. The request is for
side and rear setback variances to allow for a new detached garage and accessory
dwelling unit.
Andrew Garner, Senior Planner, gave the staff report and discussed that staff does not
find that there are special conditions or hardships that justify the variances. He discussed
that staff finds that a new garage with an accessory dwelling structure could reasonably
be developed on the property without impacts to the steep topography, the existing stone
retaining walls, or existing tree canopy, and meet the required building setbacks.
Board Member Zant discussed the garage door spaces, the stairway, and the
dimensions. He discussed that the request did not seem unreasonable but he is open for
suggestion.
Albert Skiles, applicant, discussed that this project was one of the first projects approved
for Accessory Dwelling Unit by right. He discussed the background of how they came to
this design. He discussed that he is trying to keep with the integrity of the hillside
ordinance. No one would care about these variances. We wouldn't destroy the tree or
wall with the proposed variances. The proposed design was already completed but a
mistake in the original site plan had the property line in the incorrect place. He discussed
why the design of the stairs needs to be where it is and why it was designed the way it
was. He discussed keeping the retaining wall. He shared photos of the wall and the
existing house with the Board. He discussed the retaining wall and fill.
Board Member Chesser asked how tall the wall is.
Skiles stated it was 7 feet tall.
Board Member Chesser asked if the whole building were shifted 3 ft. to the north would
it avoid the tree?
Skiles discussed the existing tree and measures that would be needed to protect it and that
the garage as proposed could not be shifted to the north.
Board Member Kohler discussed that these variance requests are about building design
and efficiency on the site. He stated that there is a natural slot on this site for this
building, and it is where it is proposed: straight-in drive to the garage, the existing tree,
and retaining walls. The proposed structure is centered on that natural slot. We're
providing efficiency.
Board Member Zant asked if east-west alignment is needed. It seems like the rear
setback variance is merely out of convenience to me. It seems like the building could be
shifted to the west.
March 2, 009
Board Adjustment
February 2,2009 Minutes
Agenda Item 1
Page 4 of 6
Board Member Chesser asked how tall the deck on the rear is.
Skiles discussed that it would be below the existing natural grade.
Garner confirmed that building height is measured from the existing natural grade.
Board Member Nickle discussed agreement with the other discussion and preservation
of a tree is warranted.
No public comment was received.
Board Member Zant stated that he sees adequate hardship for the variances.
Motion:
Board Member Zant made a motion to approve the request with conditions as listed in
the staff report.
Board Member Waller asked about the overhang on the drawing.
Skiles stated there were no overhangs proposed. The architectural design has changed
slightly from the plans in the Board's packets.
Board Member Nickle seconded the motion.
Board Member Waller discussed that he was okay with the side variance, but not the
rear variance.
Upon roll call the motion to approve the request passed by a vote of 3-2-0, with
Board Members Waller and Chesser voting no.
All business being concluded, the meeting was adjourned at 4:30 PM.
March 2, 009
Board of Idjustment
February 2,2009 Minutes
Agenda Item 1
Page 5 of 6
March 2,2009
Board of Adjustment
February 2,2009 Minutes
Agenda Item 1
Page 6 of 6
7yeBOA Meeting of March 2, 2009
THE CITY OF FAYETTEVILLE, ARKANSAS
125 W. Mountain St.
Fayetteville,AR 72701
PLANNING DIVISION CORRESPONDENCE Telephone:(479)575-8267
TO: Board of Adjustment
FROM: Jesse Fulcher, Current Planner
THRU: Jeremy Pate, Director of Current Planning
DATE: February 25,2009
BOA 09-3223 (1HX / 504 E. LAFAYETTE, 485): Submitted by PRESTON BACON
for property located at 504 E. LAFAYETTE STREET. The property is zoned RSF-4,
SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 0.43 acres. The
request is for a front setback variance to allow the existing carport to be converted to a
garage. Planner: Jesse Fulcher
BACKGROUND:
Background: The Board of Adjustment approved a 21' front setback (a 4' variance)
along Olive Street in 1997 to allow for the construction of the subject carport (BA 97.00-
18.00). Since the date of approval, the carport was constructed (1997) and the property
was sold to the current applicants. Although the allowance of the variance from 1997 is
still in effect, it is staff's opinion that the Board of Adjustment should review the
modifications, due to the original approval being specifically for a carport. Furthermore,
staff has discovered that the original site plan was incorrectly dimensioned. The 21'
setback was measured from the back of the sidewalk, when in fact the actual right-of-way
is approximately 5' further in from the sidewalk. Although the carport was constructed
in the correct location, on the concrete slab, the building is actually 16' from the right-of-
way(21' from the sidewalk).
Property Description: The home, which was constructed in the 1913, is located at 540 E.
Lafayette Street, at the northeast corner of Olive and Lafayette. The property contains
approximately 0.43 acres and is zoned RSF-4.
Request: The applicant is requesting a 16' front setback (a 9' variance) to bring the
existing carport into compliance and to allow the carport to be converted into a garage.
The variance request amounts are listed in Table 1.
Table 1 (Variance Requests)
Variance Issue Ordinance Requirement Applicant's Request
Requested: Front Setback West 25' 16' a 9' variance
March 2,2009
Boad of Adjustment -
BOA 09-3223 Hix/504 E. Lafayette
Agenda Item 2
Page 1 of 14.
Surrounding Zoning and Use:
Direction from Site Land Use Zoning
North, South, East, and West Single Family Residential RSF-4
Public Comment: Staff has not received any public comment.
RECOMMENDATION:
Staff recommends approval of the requested front setback variance with the following
conditions of approval:
1. Any new development shall comply with all zoning and development
regulations including building setbacks,except those varied by the Board
of Adjustment and/or shown on the attached site plan.
2. A building permit shall be obtained prior to commencement of any
construction. All existing structures, easements and utilities shall be
located on the site plan submitted for building permit consideration.
3. In no way shall the approved variance grant exceptions from the
Building Code. Structures constructed near or on property lines often
must comply with more stringent building codes, such as non-
combustible materials, different tire ratings, etc. The applicant shall
comply with these requirements or adjust the structure accordingly, at
the time of building permit.
Additional Conditions/Comments:
t :
ec
GENERAL PLAN DESIGNATION: City Neighborhood 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
K:IReporu120091B0A Reports 103-02-091BOA 09-3223(flxcMarch 2,2009_504 Lafayette). Boad of Adjustment
BOA 09-3223 Hix/504 E. Lafayette
Agenda Item 2
Page 2 of 14
applicable to other lands, structures or buildings in the same district.
Finding: Staff rinds that the original variance approval for the carport and the site
plan, which incorrectly dimensioned the setback, to be special conditions
that are peculiar to this building and property. The original variance
permitted the construction of a carport within the building setback, but
did not specifically grant approval for an enclosed garage. Additionally,
the original variance request was incorrectly dimensioned from the back
of the sidewalk and not the right-of-way line.
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 original applicants were granted a variance for a carport in the
location in which it was constructed. However,due to an error in the site
plan, the carport was actually constructed closer to the right-of-way than
permitted by the variance. Therefore, the structure is now
nonconforming, which limits the amount of improvements, and prevents
the current owners from converting the carport into a garage.
3. Resulting Actions. That the special conditions and circumstances do not
result from the actions of the applicant.
Finding: The original variance was requested by a previous property owner,who
then had the carport constructed. This applicant also incorrectly
measured the street right-of-way, which resulted in the carport being
constructed closer to the street than the Board of Adjustment had
permitted. These previous actions are special conditions that are not a
result of the current property owners.
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 variance for the carport will simply validate the
intended location of the carport, and allow the current owners to enclose
the building.
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 other nonconformities were considered as a basis of the findings
stated in this staff report.
K:IReporrs120091B0A Reports 103-02-091BOA 09-3223(HixMarch 2,2009_5047afayette).doc Boad of Adjustment
BOA 09-3223 Hix/504 E. Lafayette
Agenda Item 2
Page 3 of 14
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 2,2009.
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 set forth in the applicant justify the granting of the variances.
The requested variance is the minimum variance that will allow the
original structure to be modified.
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 requested variance will, in staffs opinion, be in harmony
with the general purpose and intent of zoning regulations, and in
harmony with the original approval granted by the Board of Adjustment
in 1997. Allowing the walls to be constructed under the existing roof of
the carport will not be detrimental to the public welfare.
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 conditions of approval for these variance
requests listed on page one of this 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: Single-family residences and accessory structures, including detached
garages, are permitted within the RSF-4 zoning district.
March 2,2009
K:IReports120091BOA ReportA03-02-091BOA 09-3223(Ha 504 Zafayette).doc Boad of Adjustment
BOA 09-3223 Hix/504 E. Lafayette
Agenda Item 2
Page 4 of 14
161.07 District RSF-4,Residential Single-Family—Four Units Per Acre
(A) Purpose. The RSF-4 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.
I Permitted uses.
I Unit 1 1 Ci -wide uses by right
I Unit 8 1 Single-family dwelling
(2) Conditional uses.
Unit 2 Ci -wide uses by conditional use permit
Unit 3 Public protection and utility facilities
Unit 4 Cultural and recreational facilities
-Unit 9 Two-family dwellings
Unit 24 Home occupations
Unit 36 Wireless communications facilities
(C) Density.
Single-family Two-family
dwellings dwellings
Units per acre 1 4 or less 7 or less
(D) Bulk and area regulations.
Single-family Two-family
dwellings dwellings
Lot minimum width 70 ft. so ft.
Lot area minimum 8,000 sq.ft. 12,000 sq.-ft.
Land area per 8,000 sq.ft. 6,000 sq.ft.
dwelling unit
Hillside Overlay 60 ft. 70 ft.
District Lot minimum
width
Hillside Overlay 8,000 sq.ft. 12,000 sq.-ft.
District Lot area
minimum
Land area per 8,000 sq.ft. 6,000 sq.ft.
dwellin unit
(E) Setback requirements.
1
FRONT SIDE REAR
ft 25 ft. __:J F8%
20 ft.
11 HOD Front HOD Side HOD Rear
1 15 ft. 5 ft. 15 ft.
(F) Height. Structures in this District are limited to a building height of 45 feet. The height of a proposed
structure may only be increased above 45 feet by obtaining a variance after hearing by the Planning
Commission. Existing structures that exceed 45 feet in height shall be grandfathered in, and not
considered nonconforming uses.
(G) 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;Ord.No.4100,§2(Ex.A),6-16-98;Ord.No.4178,8-31-99;Ord.4858,4-18-06)
March 2,2009
K:lRepartsI20091BOA ReportsI03-02-091BOA 09-3223(Hix 504 Lafayette).doc Boad of Adjustment
BOA 09-3223 Hix/504 E. Lafayette
Agenda Item 2
Page 5 of 14
1513 Rainbow Rd. neo / Office (479) 273-2266
Rogers, AR 72758 Fax (479) 271-0254
City of Fayetteville
Board of Adjustment
February 4, 2009
Re: WRITTEN DESCRIPTION OF REQUEST
We are requesting a setback variance at 504 Lafayette Street. Currently the carport.of
this residence sits in the setback zone established by the city of Fayetteville. We would
like to enclose the carport and transform it into an insulated, attached garage that will
not add any size to the established structure. The opening will be turned to face the
street in order to increase the safety of anyone leaving the property. Many residents of
the area park on the street and this creates a limited viewing area of cars approaching as
the entrance sits now.
The existing house is a 2-story with bonus room in the attic. The home is 3,660 SF
heated and cooled as it sits now. We will be adding 20 feet to the back of the house and
matching the existing structure in style and design; i.e. a 2-story with bonus room in the
attic. The heated-and-cooled footage will increase by 2,100 SF:
Thank you for your consideration in this matter. Drawings are attached for
clarification.
March 2,2009
Boad of Adjustment
BOA 09-3223 Hix/504 E. Lafayette
Agenda Item 2
Page 6 of 14
1513 Rainbow Rd. Office (479)273-2266
Rogers, AR 72758 Fax (479) 271-0254
City of Fayetteville
Board of Adjustment
February 6,2009
Re: 504 Lafayette St. Variance Request
Dear Chairman of the Board:
The residence at 504 Lafayette Street has a carport that sits in the setback area
designated by the city of Fayetteville which the owners would like to convert to an
attached garage.
A. Special conditions and circumstances exist peculiar to this building because the
house was built in the 1930's or 1940's and the carport was added in the 1980's by
a previous owner. Other homes in the area are newer and have garages.
B. The rights of the applicant commonly enjoyed by others is the security a garage
offers from theft of property which a carport does not.
C. This condition was created by a previous owner when they chose to build a.carport
instead of a garage and not by the current owner.
D. There will be no special privilege granted the current owner if request is granted
because the structure is already there. It is just being enclosed.
Thank you for your consideration,
Preston Bacon
General Contractor
March 2,2009
Boad of Adjustment
BOA 09-3223 Hix/504 E. Lafayette
Agenda Item 2
Page 7.of 14
Board
Board of Adjustments
August 4, 1997
Page 10
BA97-18.00: VARIANCE (EDWIN AND GAYLE DRAUGHON)
EDWIN DRAUGHQN- 504 EAST LAFAYETTE STREET
The variance request was submitted by Craig Hull on behalf of Gayle Drughon for property
located at 504 East Lafayette Street. The property is zoned R-1, Low Density Residential. The
variance request is for a 2 P setback(4' variance) to allow for a carport to be installed on an
existing cement slab.
Recommendation: the staff recommended approval of the requested variance as shown on the site
plan and elevation drawings submitted with this application including material, colors, and
design of the carport.
Mr. Conklin explained the applicant intended to make the carport match the home both in trim
and color. They had submitted elevation drawings. He noted the house was on a comer lot
which required two 25' setbacks.
Ms. Drughon stated she had spoken with all her neighbors about the carport. There had been no
objections.
There was no public comment.
Mr. Boyd felt it was a reasonable request.
MOTION
Ms. Orton moved to approve the variance as requested.
Mr. Andrews seconded the motion.
The motion carried by a vote of 5-0-0.
March 2,2009
Boad of Adjustment
BOA 09-3223 Hix/504 E. Lafayette
Agenda Item 2
Page 8 of 14
Edwin& Gayle Draughon
504 E. Lafayette
Fayetteville, AR 72701
(501) 443-9058
July18, 1997
City of Fayetteville
Chairman,Board of Adjustment
113 W. Mountain
Fayetteville, Ar 72701
RE: Variance request- Side Yard Setback for Carport
Dear Chairman,
We propose construction of a three car carport to be located on the existing slab just
northwest of our residence. A two and one half to three foot high concrete retaining wall is
located'approximately 21 feet from the Olive Street property lineAnother concrete retaining wall
lies approximately 28 feet further to the east. The walls were present when we occupied the
property. We propose to install a 24' x 28' carport on the existing slab between the two walls. The
actual square footage that would exist in the setback area is 96 SF.
Please accept this letter as our explanation of the special conditions and circumstances
which are peculiar to the subject property. The residence is a two story historic structure with a
wrap around porch. No garage or carport is present on the property. The prior placement of the
retaining walls and the configuration of the street and sidewalk create a physically constrained
space in which to manuever and park vehicles off the street. The proposed action would maximize
use of the limited area and afford the owners with the right to park autos off the street and under
cover from the elements and a dense canopy of hardwood trees.
The literal interpretation of the ordinance regarding side yard setbacks would normally be
eight feet, but because the property is on a corner lot the twenty five foot setback creates a real
hardship in designing and constructing a carport. The four foot encroachment required by the
ordinance would destroy the utility of a parking space, causing the applicant to park a vehicle on
the street. Such an action would deprive the applicant of the rights commonly enjoyed by other
properties in the R-1 district.
These special conditions and circumstances do not result from the actions of the applicant.
By granting this request, the Board of Adjustment would not confer any special privelege that is
denied to other properties in the R-1 district.
We respectfully request the granting of this request at your earliest possible convenience.
Sincerely,
March 2,2009
15 - 16- 30 BA 97.09ad oTlad ®tment 485.00
Edwin&Gayle Dfau h0 BOA 09-3223 Hix/504 E. Lafayette
6.3 Y 9 agenda Item 2
504 E. Lafayette Page 9 of 14
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Boad of Adjustment
BOA 09-3223 Hix/504 E. Lafayette
Agenda Item
- Page 10 Of 14
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Feet Boad of Adjustment
BOA 09-3223 Hix/504 E. Lafayette
Agenda Item 2
Page 12 of 14
BOA09-3223 H IX/ 504 E. LAFAYETTE
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d of Adjustment
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Agenda Item 2
Page 13 of 14
March 2,2009
Boad of Adjustment
BOA 09-3223 Hix/504 E. Lafayette
Agenda Item 2
Page 14 of 14