HomeMy WebLinkAbout2012-04-02 - 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,APRIL 2, 2012 at 3:45 p.m.
Room 111, City Administration Building
The following items will be considered:
1. Approval of the minutes from the March 5, 2012 meeting.
New Business:
2. BOA 12-4074 (2385 & 2407 E. Joyce Blvd./Joyce Street Houses, 176): Submitted by HUGH
JARRATT for properties located at 2385 & 2407 EAST JOYCE BOULEVARD. The properties are
zoned RMF-24, RESIDENTIAL MULTI-FAMILY, 24 UNITS PER ACRE and contains
approximately 1.18 acres. The request is for a variance of the minimum buildable street frontage and
front build-to 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.
•
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 to Comment/Discussion and Questions by the Board
F. Action of the Board (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 the staff and applicant
presentations. Public comment will only be permitted during this part of the hearing for
each item.
Once the Chairman recognizes you, stand and give your name and address. Address your
comments to the Chairman, who is the presiding officer. After all public comments have
been heard, the Chairman will direct your comments 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.
2012 Board of Adjustment Members
Sheree Alt (Chairman)
Robert Kohler
Jeff Hagers
Evan Niehues
Kristen Knight
Tim Stein
Matthew Hoffman
Page 1 of 5
MINUTES OF THE
BOARD OF ADJUSTMENT
A meeting of the Board of Adjustment was held on March 5, 2012 at 3:45 p.m. in Room
111 of the City Administration Building, 113 W. Mountain, Fayetteville, Arkansas.
ITEMS DISCUSSED ACTION TAKEN
MINUTES: February 6, 2012 Approved
Page 2
Service award to board member Sheree Alt
New Business:
BOA 12-4050 (1001 Rochier St./Univeristy Student Living/Park Green, 561)
Page 3 Approved
Election of Board of Adjustment Chair for 2012
Page 4
MEMBERS PRESENT MEMBERS ABSENT
Sheree Alt
Robert Kohler
Kristen Knight
Evan Niehues
Jeff Hagers
Matthew Hoffman
Tim Stein
STAFFPRESENT
Andrew Garner
Jesse Fulcher
Jason Kelley
Jeremy Pate
Board of Adjustment Chair Sheree Alt called the meeting to order at 3:45 PM.
Board of Adjustment
April 2,2012
Agenda Item 1
03-15-2012 Minutes
Page 1 of 6
Page 2 of 5
Approval of the minutes from the February 6, 2012 Board of Adjustment meeting.
Motion•
Board Member Knight made a motion to approve the October 3, 2011 Meeting
Minutes. Board Member Hagers seconded the motion. Upon roll call the motion
passed with a vote of 5-0-0.
Board Member Hoffman arrived after approval of the minutes.
Board of Adjustment
April 2,2012
Agenda Item 1
03-15-2012 Minutes
Page 2 of 6
Page 3 of 5
BOA 12-4050 (1001 W. Rochier St./University Student Living, 561): Submitted by
CRAFTON TULL & ASSOCIATES, INC. for property located at 1001 WEST
ROCHIER STREET. The property is zoned RMF-40, RESIDENTIAL MULTI-
FAMILY, 40 UNITS PER ACRE and RMF-24, RESIDENTIAL MULTI-FAMILY, 24
UNITS PER ACRE and contains approximately 19.39 acres. The request is for a variance
of the minimum buildable street frontage.
Jesse Fulcher, Current Planner, gave the staff report.
Board Member Kohler asked if the overhead lines were high voltage
Steven Beam, applicant, stated that both lines were.
Board Member Kohler asked if the density was high
Fulcher stated that the number of units was relatively low, but the number of bedrooms
was high.
Beam explained the project concept and why the buildings were pushed away from the
street.
Board Member Knight, asked about the surrounding land uses.
Fulcher stated that there was multi-family to the north and west and single-family units
to the east.
Board Member Stein asked if there was a building height limit.
Beam stated that the buildings couldn't exceed 60' above existing grade.
Board Member Kohler asked if the extension of Garland could be moved south, closer
to the buildings.
Beam stated that there is a transmission line pole just on the south side of the road. The
road has to be moved to one side of the other. You can move the road closer to the
buildings on the south side, but you distance it from the building on the north.
Board Member Knight asked if the buildings were right against the transmission line
easement.
Beam stated that the buildings lined the easement.
Ken Marvin, neighbor, asked why Rose Avenue was being built in the current right-of-
way instead of the west of his property, onto City owned property. He also wanted the
developer to install sewer taps for his properties before Rose was paved and look at
Board of Adjustment
April 2,2012
Agenda Item 1
03-15-2012 Minutes
Page 3 of 6
Page 4 of 5
runoff down Rose.
Beam stated that they were looking at installing additional storm pipes to capture the
runoff down Rose and would work with the neighbor on installing taps before paving the
road.
Futcher explained that most of these items were directly related to the development
review and not the variance item under consideration. Staff would work with the
applicant and the neighbor during the development review process.
Jason Kelley, Assistant City Attorney, stated that the City Council would review the
vacation request mentioned by the neighbor.
Motion:
Board Member Kohler made a motion to approve the request as recommended by staff.
Board Member Stein seconded the motion. Upon roll call, the motion passed with a
vote of 6-0-0.
Board of Adjustment
April 2,2012
Agenda Item 1
03-15-2012 Minutes
Page 4 of 6
Board of Adjustment Meeting
March 5, 2012
Page 5 of 5
Election of Chair
Board Member Knight nominated Board Member Kohler to serve as chair.
The Board unanimously agreed to nominate Kohler for chair.
There being no further business, the meeting was adjourned at 410 PM.
Board of Adjustment
April 2,2012
Agenda Item 1
03-15-2012 Minutes
Page 5 of 6
Board of Adjustment
April 2,2012
Agenda Item 1
03-15-2012 Minutes
Page 6 of 6
UyeVi le BOA Meeting of April 2, 2012
S
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: March 28, 2012
BOA 12-4074 (2385 & 2407 E. Joyce Blvd./Joyce Street Houses, 176): Submitted by
HUGH JARRATT for properties located at 2385 & 2407 EAST JOYCE BOULEVARD.
The properties are zoned RMF-24, RESIDENTIAL MULTI-FAMILY, 24 UNITS PER
ACRE and contains approximately 1.18 acres. The request is for a variance of the
minimum buildable street frontage and front build-to requirements.
Planner: Andrew Garner
BACKGROUND:
Property Description and Background: The subject property is 2385 and 2407 Joyce
Boulevard. The site is on the south side of Joyce Boulevard less than a quarter mile from
the Paradise Valley Country Club. The lots back onto the Paradise Valley Golf Course. The
west side of the site is traversed by a north-south drainage area that is not defined as a
stream or floodplain. The front of this site is platted with a 25-foot utility easement.
Surrounding land use and zoning is depicted in Table J.
Table 1: Surrounding Land Use/Zoning
Direction from Site Land Use Zoning
North Office; Pasture R-O, Residential Office; R-A, Residential Agricultural
South Golf Course R-A, Residential Agricultural
East Single-family RMF-24, Residential Multi-Family 24 Units/Acre
West Golf course RMF-24, Residential Multi-Family 24 Units/Acre
Proposal: The applicant proposes to develop the subject property (two separate lots) with
single family homes as indicated on the submitted site plans. The RMF-24 zoning district
has a front 10-25-foot build-to zone. This requires homes on these lots to be constructed
within this zone, close to Joyce Boulevard and within an easement. Due to the existing 25-
foot utility easement along the front and the applicant's desire to have the homes set back
off of Joyce Boulevard, the homes would be placed outside of the build-to zone. This
requires variances as indicated in Table 2.
Board of Adjustment
G:IETCIDeveiopment Services Renew120120evelopment Revieivil2-4074 BOA 23852407E.Joyce BhWps2011bl)101 BOA104-
02-20121Comrnents and RedlinesI12-4074 PLNG Commentr.doc Agenda Item 2
BOAl2AO74 Joyce St Houses
Page 1 of 14
Table 2: Variance Request
Variance Issue Requirement Applicant's Request
2385 Joyce 10-25 foot build-to zone/ 35-foot setback/
Boulevard 50% minimum buildable 0 % min. buildable street frontage
street frontage
2407 Joyce 10-25 foot build-to zone/ 52-foot setback/
Boulevard 50% minimum buildable 0 % min. buildable street frontage
street frontage
Public Comment: Staff has not received public comment.
RECOMMENDATION:
Staff recommends approval of the requested variances to allow for the proposed two
homes to be developed as indicated on the submitted survey, subject to the following
conditions of approval:
1. Building permits shall be submitted for review in accordance with the City's
development codes.
2. The variances only apply to single family homes as proposed.
3. The site plans shall be revised to show the Master Street Plan right-of-way
along Joyce Boulevard at 43.5' from centerline.
Additional Conditions/Comments:
BOARD OF ADJUSTMENT ACTION: ❑ Approved 0 Denied
Date: April 2, 2012 Motion: Second: Vote:
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: Special conditions exist that are peculiar to the property directly related to
the build-to zone. Both lots were platted prior to the City's current zoning
Board of Adjustment
G:IBTCIDevelopnenl Services Review12012tDevelopment Reviewll2-4074 BOA 2385_2407 E.Joyce Blvd,(y� Is2CJZI)Wl
BOA 104-02-20121Conmients and Redlines Agenda Item 2
BOAl2-0074 Joyce St Houses
Page 2 of 14
regulations and have an existing 25-foot utility easement along the front.
This conflicts with the 10-25 foot build-to zone requirement as the
easement would have to be vacated in order to permit the development of
the site. Other unique factors with this property are that these are typical
single-family sized lots that are zoned for multi-family and have direct
frontage onto a Principal Arterial roadway with relatively high speeds
(Joyce Boulevard). Additionally, the adjacent residences to the east have
all been developed with deep setbacks off of Joyce Boulevard and placing
new homes up close to the street would be out of character with the
existing adjacent homes. These are all unique factors that necessitate
variances of the build-to zone to have the homes set back further from
Joyce Boulevard and outside of the existing utility easement adjacent to the
roadway.
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: Literal interpretation of zoning regulations would deprive the applicant of
the right to develop this property for single family residences, a basic right
enjoyed by other properties in this district and throughout all districts in
the City.
3. Resulting Actions. That the special conditions and circumstances do not
result from the actions of the applicant.
Finding: The special conditions and circumstances are a result of city ordinance
and not of the applicant. The zoning code was adopted after these lots
were platted with a front 25 foot utility easement.
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 two build-to zone variances will not confer special privileges
on this applicant, in terms of density, land use or setbacks. These homes
are simply proposed to be placed further back from Joyce Boulevard than
the zoning code allows. This would place the proposed homes in line with
existing homes to the east, and outside of the front utility easement.
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
Board of Adjustment
G:IETCIDevelopinent Services Review120120evelopment Review112-4074 BOA 1385_2407 E.Joyce B1 d A0gkL�s20A8'0W
BOA104-01-2012iConvnents and Redlines Agenda Item 2
BOAl2-0074 Joyce St Houses
Page 3 of 14
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, April 2, 2012.
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 development of these lots with single family residences.
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 granting of the variance will be in harmony with the general
purpose and intent of zoning. This is a unique existing situation where it
would be out of character and not feasible to have two single family
homes close to Joyce Boulevard. The build-to zone in the RMF zoning
districts is intended primarily for multi-family residences to be
developed close to the street with parking to the side and rear of the
buildings, in order to create an inviting public streetscape. Allowing the
property to be developed with two single family dwellings, is
appropriate and in accord with city zoning ordinances.
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 that development of
the lots follow the standard building permit processing.
d. No Variance Allowed. Under no circumstances shall the Board of
Board of Adjustment
G:IETCIDevelopment Services RevieM20121 Development Review112-0074 BOA 2385_2407 E.Joyce Bhd 4geg?s�t)101
BOA104-02-20121Conmtents and Redlines Agenda Item 2
BOAl2-0074 Joyce St Houses
Page 4 of 14
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 dwelling units are a use permitted by right in the RMF-24
zoning district.
Board of Adjustment
C:IETCIDevelopment Services Review120121Developmest ReviewV2-4074 BOA 1385_1407 E.Joyce BlvdAWjs 042Y 107
BOA 104-02-20121Camnents and Redlines Agenda Item 2
BOAl2-0074 Joyce St Houses
Page 5 of 14
Fayetteville Unified Development Code
161.14 District RMF-24,Residential Multi-Family—Twenty-Four Units Per Acre
(A) Purpose. The RMF-24 Multi-family Residential District is designed to permit and encourage the
developing of a variety of dwelling types in suitable environments in a variety of densities.
(B) Uses.
(1) Permitted uses.
Unit 1 Cit -wide uses by right
Unit S Single-family dwellings
Unit 9 Two-family dwellings
Unit 10 Three-family dwellings
Unit 26 Multi-family dwellings
Unit 44 Cottage Housing Development
(2) Conditional uses.
Unit 2 City-wide uses by conditional use permit
Unit 3 Public protection and utility facilities
Unit 4 Cultural and recreational facilities
Unit 5 Government facilities
Unit 11 Manufactured home park
Unit 12 Limited business
Unit 25 Professional offices
Unit 24 Home occupations
Unit 36 Wireless communications facilities
(C) Density.
Units per acre 24 or less
(D) Bulk and area regulations.
(1) Lot width minimum.
Manufactured home park 100 ft.
Lot within a Manufactured 50 ft.
home park
Single-family 60 ft.
Two-family 60 ft.
Three or more 90 ft.
Professional offices 100 ft.
(2) Lot area minimum.
Manufactured home park 3 acres
Lot within a mobile home 4,200 sq.ft.
park
Townhouses:
Development 10,000 sq.ft.
Individual lot 2,500 sq.ft.
Single-family 6,000 sq.ft.
Two-family 7,000 sq.ft.
Three or more 9,000 sq.ft.
Praternit or Sororit 2 acres
Professional offices 1 acres
Board of Adjustment
G.IETCIDevelopnent Services Review120120ei,elop hent Reviewl12-4074 BOA 2385_2407 E.Jovice Bh+d fiVg 8;si01ikt)01
BOA104-02-20121Comments and Redlines Agenda Item 2
BOAl2AO74 Joyce St Houses
Page 6 of 14
(3) Land area per dwelling unit.
Manufactured home 3,000 sq.ft.
Apartments:
No bedroom 1,700 sq.ft.
One bedroom 1,700 sq.ft.
Two bedroom 2,000 sq.ft.
Fraternity or Sorority 1,000 sq.ft.per resident
(E) Setback requirements.
Front Side Rear
The principal 8 ft. 25 ft.
fagade sof a
building shall be
built within a
build-to zone
that is located
between 10 feet
and aline 25
feet from the
front property
line.
HHOD Front HHOD Side HHOD Rear
15 ft. 8 ft. 15 ft.
Cross reference(s)--Variance,Ch. 156.
(F) Building height regulations.
Building Height Maximum I 60ft.
Height regulations. Any building which exceeds the height of 20 feet shall be set back from any side
boundary line of an adjacent single family district, an additional distance of one foot for each foot of
height in excess of 20 feet.
(G) Building area. None.
(H) Minimum buildable street frontage. 50%of the lot width.
(Code 1965,App.A.,All.5(111);Ord.No.2320,4-6-77;Ord.No.2700,2-2-81;Code 1991,§160.033;Ord.No.4100,§2(Ex.A),6-16-
98;Ord.No.4178,8-31-99;Ord. 5028,6-19-07;Ord 5079, 11-20-07;Ord. 5224,3-3-09;Ord. 5262,8-4-09;Oid.5312,4-20-10;Ord.
5462,12-6-11)
Board of Adjustment
G:IETCIDevelopment Services Review120120evelopmenl Review112-4074 BOA 2385_2407 L.Jovice B1vrl*ggMQM?L51)107
BOA 104-01-10121Comrnents and Redlines Agenda Item 2
BOAl2AO74 Joyce St Houses '..
Page 7 of 14
HUGH JARRATT *
ATTORNEY AT LAW
1 2 0 0 EAST JOYCE BLVD . , 6 - - FLOOR
FAYETTEVILLE , ARKANSAS 72703
TELEPHONE 479 . 521 . 6686 / FACSIMILE 479 . 527 . 8870
*Licensed in Axkansas,Oklahoma
&Missouri
March 9, 2012
City of Fayetteville,Arkansas
Chairman,Board of Adjustment
125 W.Mountain
Fayetteville,AR 72701
RE: Variance Request
Dear Sir/Ma'am:
Please treat this letter as the required written description of the variance request that is being
sought by my client. My client wishes to build two single family residences, one approximately
3,800 square feet and one approximately 3,300 square feet. These residences will be served by
standard residential driveways entering the properties from Joyce Boulevard. The variances
being requested for the two adjacent lots are as follows: my client would like a variance from the
front set back requirements and the minimum buildable street frontage requirements, so that they
can build the two houses as shown on the attached site plans.
This variance requests meets the four(4) necessary criteria for a variance,I will address the four
criteria individually.
a. Special conditions exist whereby these undeveloped lots are the last two lots of a
larger development that was started many years ago. Since the original development
started, the required setbacks have changed and these changes will slake these two
houses out of character for the location,and dangerously close to Joyce Boulevard.
b. The literal interpretation of the set-back requirements would deprive these two lots
of the ability to set the homes a logical distance from Joyce Boulevard. The adjacent
single family homes are set well outside of the currently required setbacks for this
property.
c. The special conditions and circumstances mentioned above did not result from
actions of my clients.
d. Granting this variance will not confer any special privilege upon my clients, it would
merely let my clients build their homes in the same manner as other single family
residences located adjacent to the two lots.
If you have any questions of if I can provide any further information,please call. Thank you.
ottey
,Law
Board of Adjustment -
April 2,2012
Agenda Item 2
BOAl2AO74 Joyce St Houses
Page 8 of 14
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Age a Item 2
BOA 2-0074 Joyce St Houses
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Agend a Item 2
-0074 Joyce St Houses
Page 10 of 14
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Page 12 of 14
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12
A nda Item 2
BOAl2AO74 Joyce St Houses
Page 13 of 14
Board of Adjustment
April 2,2012
Agenda Item 2
BOAl2-0074 Joyce St Houses
Page 14 of 14