HomeMy WebLinkAbout2008-09-02 - 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
TUESDAY,SEPTEMBER 2,2008,at 3:45 p.m.
Room 326,City Administration Building
The following items will be considered:
1. Approval of the minutes from the August 4,2008 meeting.
New Business:
2. BOA 08-3080(WILSON/BALL AVENUE,317): Submitted by SAWYER'S OUTDOOR SOLUTIONS
for property located at 2021 N BALL AVENUE. The property is zoned RSF-4, SINGLE FAMILY-4
UNITS/ACRE and contains approximately 0.33 acres. The request is for a front setback of 20' (a 5' variance)to
allow for a new addition. Planner: Andrew Gamer
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.
2008 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 August 4, 2008 at 3:45 p.m. in
Room 326 of the City Administration Building, 113 W. Mountain, Fayetteville,
Arkansas.
ITEMS DISCUSSED ACTION TAKEN
BOA 08-3057: (FOURNET/SHADY LANE, 406) Approved
Page 2
BOA 08-3058: (PHYSICIAN'S SURGERY CENTER, 175) Approved
Page 3
BOA 08-3059: (SMITH/LAFAYETTE, 484) Approved
Page 5
MEMBERS PRESENT MEMBERS ABSENT
Robert Kohler
Sherrie Alt
James Zant
William Chesser
Bob Nickle
Mark Waller
Steven Bandy
STAFF PRESENT STAFF ABSENT
Jesse Fulcher
Andrew Garner
Dara Sanders
David Whitaker
September 2,2008
Boar of Adjustments
August 4,20 8 BOA Minutes
Agenda Item 1
Page 1 of 6
Board of Adjustment Chair Bob Nickle called the meeting to order.
Approval of the July 7, 2008 Board of Adjustment meeting minutes.
Motion:
Board Member Zant made a motion to approve the minutes from the July 7, 2008 BOA
Meeting. Board Member Chesser seconded the motion. Upon roll call, the motion
passed with a vote of 6-0-0.
New Business:
BOA 08-3057: (FOURNET/SHADY LANE, 406): Submitted by DAVID C. &
ANDREA FOURNET for property located at 1214 N. SHADY LANE. The property is
zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 0.18
acres. The request is for side and rear setback variances to allow an addition to the
existing residence, and for a front setback variance to bring the existing structure into
compliance.
Dara Sanders, Current Planner, gave the staff report, recommending approval of the 12'
front setback variance request to bring the existing structure into compliance and
approval of the 14' rear setback and 4' side setback variance requests to allow for an
expansion of the existing structure,based on the findings included in the staff report.
Andrea Fournet, applicant, stated that in conversation, the adjacent property owner
expressed support for the proposed addition and variance requests.
No public comment was received.
Motion:
Board Member Nickle made a motion to approve the requested variances with the
conditions as recommended by staff. Board Member Chesser seconded the motion.
Upon roll call the motion was approved with a vote of 6-0-0.
September 2,2008
Boaof Adjustments
August 4,2 8 BOA Minutes
Agenda Item 1
Page 2 of 6
BOA 08-3058: (PHYSICIAN'S SURGERY CENTER, 175): Submitted by CEI
ENGINEERING ASSOCIATES, INC. for property located at 3873 NORTH
PARKVIEW DRIVE. The property is zoned R-O, RESIDENTIAL OFFICE and
contains approximately 2.96 acres. The request is for a side setback variance to allow for
the addition of a 3rd floor to the existing medical office/surgery center.
Dara Sanders, Current Planner, gave the staff report, recommending approval of the 24'
north side setback variance request to allow for the addition of a 3rd story addition to the
2-story addition approved by the Planning Commission in 2007, based on the findings
included in the staff report.
Board Member Kohler stated that he visited the site and found that the side fapade, the
shortest side of the structure, is facing the multi-family development and has less of an
impact on the adjacent residential district. He asked staff to clarify the setback
requirements of the R-O zoning district in terms of the 3rd floor addition.
Sanders described the additional setback requirements resulting from a proposed height
greater than 20 feet in the R-O zoning district.
Jake Wineman, the applicant, introduced himself.
Board Member Zant asked staff if the applicant is able to meet the minimum parking
requirements with the proposed addition.
Sanders discussed the history of the parking for the subject property and the current
requirements.
Zant stated that he doesn't find that the proposed height of the subject property will be
comparable to the adjacent residential development, as stated by staff, and doesn't
support the request.
Board Member Waller asked staff to verify any special conditions that exist on the land.
Sanders stated that there are no special conditions that are peculiar to the subject
property.
Staff and the Board discussed the several requests that must be approved prior to the
construction of a 3rd story addition, including Planning Commission approval of a
conditional use to expand the hospital use in the R-O zoning district and Subdivision
Committee approval of a major modification to the previously approved large scale
development.
Staff and the Board discussed equal protection of multiple- and single-family uses and
the intent of the regulations of the R-O zoning district.
September 2,2008
Boar of Adjustments
August 4,2 8 BOA Minutes
Agenda Item 1
Page 3 of 6
Jesse Fulcher, Current Planner, added that the increased setback requirements of the R-O
zoning district only apply to the side setback, as the intent is to create separation between
structures.
Sanders added that staff measured the separation between the addition on the subject
property and the closest adjacent residential structure to be approximately 115 feet, as
stated in the staff report.
Board Members Waller, Chesser, Bandy, and Kohler discussed the process of adding
a 3`d story and the structural requirements associated with the addition.
Chesser stated that, based on the findings of staff and the series of approvals that follow
should the variance request be approved, he supports staff's findings and the applicant's
request.
Zant stated that he fails to see the hardship.
Kohler found no argument to deny the request, finding that the alternative to the variance
request is to abandon the current site, relocate to another site, possibly outside of the City
limits, encouraging sprawl. He found that this is an infill situation and supports the
request.
Zant stated that outgrowing a site is always a factor in development.
Chesser stated that the only adjacent residential development is RMF-24, a high density
residential development with significant height allowances, that the property is
surrounded by commercial and office uses, and that he finds staff s interpretation of the
intent of the R-O zoning district is appropriate.
No public comment was received.
Motion:
Board Member Chesser made a motion to approve the request with the conditions as
stated by staff. Board Member Bandy seconded the motion. Upon roll call the motion
was approved with a vote of 3-2-0, with Board Members Waller and Zant voting
"no".
September 2,2008
Boarof Adjustments
August 4,20 8 BOA Minutes
Agenda Item 1
Page 4 of 6
BOA 08-3059: (SMITH/LAFAYETTE, 485): Submitted by TOM & DEBI SMITH for
property located at 312 E. LAFAYETTE STREET. The property is zoned RSF-4,
SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 0.20 acres. The
request is to modify previously approved side and rear setback variances to allow for a
new detached garage.
Jesse Fulcher, Current Planner, gave the staff report, including a past variance approval
for a carport that had not been constructed. Staff recommended approval of the 5' side
setback variance and 15' rear setback variance requests to allow for the construction of a
garage instead of a carport.
Board Member Kohler asked what the size of the carport was that was approved for a
variance and the size of the garage being requested now. What is the difference between
a carport and garage?
Fulcher stated that the carport was 13' x 23' and the garage was proposed to be 14' x
22'. Staff recommended that the applicant reapply for a variance because the previous
request had been specifically for a carport and the carport was discussed during the
previous meeting.
Tom Smith, applicant, stated that Mr. Crider was present at the meeting and that he was
the previous owner that had received the variance for the carport.
Board Member Waller asked why the side setback was needed. There appeared to be
room to locate the garage in the back yard, outside of the side setback.
Smith stated that the lot was narrow and that the garage would be difficult to access if it
were positioned to the side of the existing driveway.
Lane Crider stated that there was an existing garage when he owned the property and
that he had removed it after he was approved for the carport variance. The side setback
was discussed at that meeting and a variance was granted because of the site constraints.
Elizabeth Woods, neighbor, stated that the garage would reduce her property value and
was concerned with the height.
Kohler asked if it would be appropriate to place a height restriction and if there was a
height limit in the RSF-4 zoning district.
David Whittaker, Assistant City Attorney, stated that the height limit was 45' and that a
height limitation on the garage would be appropriate.
Smith stated that he drew the garage as shown, but didn't realize the normal height for
garages. He stated that a height limit is fine.
General discussion ensued regarding height limits and roof types.
September 2,2008
Boar of Adjustments
August 4,2 8 BOA Minutes
Agenda Item 1
Page 5 of 6
Board Member Chesser stated that if the garage was moved outside of the side setback,
it would just create more impervious surface, remove trees and would be difficult to
access.
Waller asked if there would be any utilities extended to the garage.
Smith stated that electrical service would be extended to the garage.
Motion:
Board Member Chesser made a motion to approve the request with the addition of
Condition #6: The garage shall have a maximum height of 15' to the peak of the roof.
Board Member Zant seconded the motion. Upon roll call the motion was approved
with a vote of 5-1-0.
All business being concluded, the meeting adjourned at 4:55 PM.
September 2,2008
Boarof Adjustments
August 4,20 8 BOA Minutes
Agenda Item 1
Page 6 of 6
7aye I BOA Meeting of September 2, 2008
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, Director of Current Planning
DATE: August 25,2008
BOA 08-3080 (WILSON / BALL AVENUE, 317): Submitted by SAWYER'S
OUTDOOR SOLUTIONS for property located at 2021 N BALL AVENUE. The
property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains
approximately 0.33 acres. The request is for a front setback of 20' (a 5' variance) to
allow for a new addition. Planner: Andrew Garner
BACKGROUND:
Property Description: The subject property is located at 2021 North Ball Avenue, at the
northwest corner of Kantz Lane and Ball Avenue. There is a duplex located on the
property, constructed in 1993. The duplex was approved as part of the Royal Oaks
Estates Planned Unit Development(PUD).
SURROUNDING LAND USE AND ZONING:
Direction from Site Land Use Zoning
North Multi-family residence RSF-4, Residential Single-family
South Single family residence RSF-4, Residential Single-family
East Multi-family residence RSF-4,Residential Single-family
West Two-family residence RSF-4,Residential Single-family
Proposal: The applicant proposes to add a new 124 square foot sunroom to the southeast
corner of the structure facing Ball Avenue.
Request: As shown in Table 1, the applicant requests a 5-foot front setback variance
(east)to accommodate the proposed addition to the home. It should be noted that the 25-
foot building setback along Ball Avenue is also a utility easement. The easement would
have to be vacated by Fayetteville City Council and utility companies prior to
development.
Table 1
Variance Request
Variance Issue Ordinance Requirement Applicant's Request
Front setback east 1 25' 20' a 5'variance
September 2,2008
K:IReports120081BOA Reportsl09-September 21BOA 08-3080(Wilson).doc Board of Adjustments
BOA 08-3080 Wilson/Ball Avenue
Agenda Item 2
Page 1 of 10
RECOMMENDATION:
Staff recommends denial of the requested variance based on the findings herein.
Additional Conditions/Comments:
Via, 1e
a _ INS!
CITY PLAN 2025 LAND USE PLAN DESIGNATION: Residential 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 applicable to other lands, structures or buildings in the same
district.
Finding: Staff finds that the variance request to allow an addition within the
front building setback does not demonstrate existing special
conditions or circumstances which warrant approval. The request for
encroachment into the front setback is based solely on the desire of
the applicant to expand the size of the existing house. The lot has
been developed and utilized for a two-family residence for the past 15
years as planned in the Royal Oaks Estates PUD. As a whole, the lot
is of sufficient width and area to allow for the construction of an
addition that would not encroach into the building setbacks.
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.
September 2,2008
K:IReports120081B0A Reports109-September 200A 08-3080(Wilson).doc Board of Adjustments
BOA 08-3080 Wilson/Ball Avenue
Agenda Item 2
Page 2 of 10
Finding: Literal interpretation of zoning regulations related to front building
setback would not deprive the applicant of rights enjoyed by other
properties in the same district. This property has been utilized for
two-family use for approximately 15 years and can continue to be
enjoyed in its current condition. Staff would recommend that the
owner modify the location and/or size of the proposed addition to
comply with the setback requirements of the RSF-4 zoning district.
3. Resulting Actions. That the special conditions and circumstances do not
result from the actions of the applicant.
Finding: The desire to expand the structure into the front building setback is
an action of the applicant. Staff does not find that the shape and/or
size of the lot, or topography, or any other issues presented in the
applicant's request are a special circumstance particular to this lot
which would necessitate the need for a variance.
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 front building setback variance would confer
special privileges on the applicant. There is not a special condition or
circumstance that exists in this case that would be required to grant a
variance of the front building setback.
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 Tuesday, September 2,2008.
3. Findings. The Board of Adjustment shall make the following findings:
September 2,2008
K:IRep0rts120081B0A Reports109-September 21BOA 08-3080(Wilson).doc Board of Adjustments
BOA 08-3080 Wilson/Ball Avenue
Agenda Item 2
Page 3 of 10
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: The requested front setback variance is not justified by the reasons set
forth in the application. The applicant can still make reasonable use
of the lot as developed and utilized for the past 15 years, while
complying with the required setbacks. Additionally, there is adequate
space for the applicant to construct an addition to the exiting home
and still meet all required setbacks.
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 front setback variance would not be in harmony with
the general purpose and intent of zoning regulations that discourages
creating nonconforming structures. Also see Findings No. 1, 2, 3, and
3.a. Extending the structure five feet into the front setback as
proposed will not be injurious to the neighborhood. The small
encroachment would probably not be very noticeable.
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 for this request which are stated 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: N/A
September 2,2008
K.Re orls120081BOA Reports109-September 21BOA 08-3080 Wi[son).doc Board of Adjustments
BOA 08-3080
Wilson/Ball Avenue
Agenda Item 2
Page 4 of 10
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SAWYERS OUTDOOR SOLUTIONS
September 2,2008
Board of Adjustments
BOA 08-3080 Wilson/Ball Avenue
Agenda item 2
Page 5 of 10
Buzz Sawyer
President
Pat Owen, Jr. _
Vice President
+` 2028 North Shiloh
Fayetteville, 72704
SAV"EROWEN+ Phone: (479)58SS2-4786
Fax: 479-582-9252
V N R S (D M E3 sawyersiding@aol.com
July 25,2008
City of Fayetteville,Arkansas
Re: 2021 North Ball Avenue Variance Application
To Whom it May Concern:
In October,2007 our company entered into a contract with Bromo and Ute Wilson agreeing to build them a
Temo sunroom. This letter is to formally request and apply for a variance for an area approximately five feet
square at the front of their existing home. This request is being made because and area of about 5' on the cor-
ner of the proposed sunroom would encroach on the setback limit of 50' from the center of the street. We
would like to kindly ask permission to use this small area so we can uphold the contract for the Wilson family.
Along with this letter,please see the Variance Application,a survey showing a legal description of the area we
are requesting the variance for,a letter from the president of the homeowner's property owner's association
approving the proposed sunroom,and a copy of our contract.
The proposed sunroom will be 24 x 10,and will be on the front south-east end of the existing duplex owned by
Mr.and Mrs. Wilson.
When considering this proposal,please note there will still be ample space for any right of ways,etc,which
could be needed in the future. If there are any other supporting documents which you will need,please do not
hesitate to call this office at the above number.
Thanking you in advance for your atte tion to this matter,and with kind regards,
Mol you,
67 ensffice Manager
Enclosures
Cc: Mr.&Mrs. Wilson,customer file
September 2,2008
Board of Adjustments
BOA 08-3080 Wilson/Ball Avenue
Agenda Item 2
Page 6 of 10
June 27, 2008
Royal Oaks Homeowner's Association
Board of Directors
To Whom It May Concern:
This letter is to acknowledge that the board of the Royal Oaks Homeowner's Association
has no objections, and hereby grants permission to Bromo and Ute Wilson,located at
2021 North Ball Avenue in Royal Oaks subdivision, build a sunroom on the front of their
home.
In the event any questions should arise,please feel free to contact Annie Langston,
President or Kellie Whitehead, Treasurer, Royal Oaks Homeowner's Assopiation.
Thank you,
September 2,2008
Board of Adjustments
BOA 08-3080 Wilson/Ball Avenue
Agenda Item 2
Page 7 of 10
BOA08-3080 WILSON/BALL AVENUE
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Agenda Item 2
BoA08-3080 WILSON/BALL AVENUE
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Overview Legend Boundary
Subject Property
r` Planning Area
❑ BOA08-3080 o1O°°`o Overlay District
Outside City
0 0.25 0.5 1
M les September 2,2008
Board of ustments
60A 08-3080 Wilson/Ball Avenue
Agenda Item 2
Page 9 of 10
September 2,2008
Board of Adjustments
BOA 08-3080 Wilson/Ball Avenue
- Agenda Item 2
Page 10 of 10