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Home My WebLink About2008-04-07 - Agendas a Y e eVi le TENTATIVE 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 7,2008,at 3:45 p.m. Room 326,City Administration Building The following items will be considered: 1. Approval of the minutes from the March 3,2008 meeting. New Business: 2. BOA 08-2928(WILMOTH/WELLSLEY PLACE,409): Submitted by DAVE JORGENSEN for property located at 1609 WELLSLEY PLACE. The property is zoned RSF-4, SINGLE FAMILY-4 UNITS/ACRE and contains approximately 0.20 acres. The request is for a reduced front setback and side setback to bring an existing structure into compliance. Planner: Dara Sanders 3. BOA 08-2959(MARKS,404): Submitted by RANDY RITCHEY STEADFAST,INC. for property located at 1224 HENDRIX STREET. The property is zoned RSF-4, SINGLE FAMILY-4 UNITS/ACRE and contains approximately 0.50 acres. The request is for two lot width variances to allow for a lot split. Planner:Andrew Garner 4. BOA 08-2960(SIGMA PHI EPSILON,483): Submitted by SEAN TRUMBO for property located at 360 ARKANSAS AVENUE,NORTH OF LAFAYETTE. The property is zoned RMF-40,MULTI FAMILY-40 UNITS/ACRE and contains approximately 0.21 acres. The request is for a reduced lot area for the proposed fraternity. Planner: Jesse Fulcher 5. BOA 08-2962 (FIRMIN,445): Submitted by JOHN P. FIRMIN for property located at 15 E. DAVIDSON,W OF COLLEGE AVENUE. The property is zoned C-2,THOROUGHFARE COMMERCIAL and contains approximately 0.16 acres. The request is for a reduced front setback to bring a non-conforming structure into compliance. 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 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 7aye { P, BOA Meeting of April 07, 2008 fSAje THE CITY OF FAYETTEVILLE, ARKANSAS 125 W. Mountain St. Fayetteville,AR 72701 PLANNING DIVISION CORRESPONDENCE Telephone:(479)575-8267 TO: Board of Adjustment FROM: Data Sanders, Current Planner THRU: Jeremy Pate,Director of Current Planning DATE: March 31, 2008 BOA 08-2928 (WILMOTH/WELLSLEY PLACE, 409): Submitted by DAVE JORGENSEN for property located at 1609 WELLSLEY PLACE. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 0.20 acres. The request is for a reduced front setback and side setback to bring an existing structure into compliance. Planner: Dara Sanders BACKGROUND: Property Description and Background: The subject property is located on'a cul-de-sac at 1609 Wellsley Place, northwest of Mission Boulevard. The 0.2-acreproperty contains a nonconforming single family structure that is setback 15' from the publicright-of-way. On April 1, 2008, the City Council approved the applicant's request to vacate•portions of an existing 25' utility easement located at the front of the subject property,adjacent to Wellsley Place, and a 10' drainage easement located along the west property line in order to bring the existing structure into conformance with City code. Currently, the structure encroaches 10' into the front setback. Surrounding Land Use and Zoning Direction from Site Land Use Zoning North Single Family Dwelling RSF-4' South Single Family Dwelling RSF-4 East Single Family Dwelling RSF-4 West Single Family Dwelling RSF-4 A building permit was issued in June 2003 for a single family house and garage, containing 1,932 square feet, with a front setback of 25', a rear setback of 20', and two side setbacks of 8'. A copy of the permitted site plan is included with this report. However, the house was constructed 15 feet from the public right-of-way with a wood deck (not included on the permitted site plan) located at the rear of the structure for a total of 2,196 square feet. Evidently, after approval of the building permit, a deck was added to the rear of the house, thereby pushing the house 10' forward into the front setback and utility easement. The applicant purchased the subject property in 2004 April 7,2008 -Apr[7BOA 08-2928(Wilmoth).doc BOA 08-2928 WilmothZ:IReports12008BOA Reports104 Board of Adjustments Agenda Item 2 Page 1 of 14 without knowing that the structure was nonconforming. Proposal: The applicant is requesting a variance from the front setback requirements in the RSF-4 zoning district to allow for a 15' front setback, a 10' variance, to bring the existing structure into conformance with City code for future potential improvements that may be needed. RECOMMENDATION: Staff recommends approval of the requested 10' variance for the existing nonconforming structure with the following conditions of approval: 1. With the exception of the subject variance, any development or improvements to the property shall comply with all zoning development regulations including building setbacks from the property lines and Master Street Plan right-of-way,height restrictions, and so forth. BOARD OF ADNSTMENT ACTION: 0 Agproued; Denied Date:' pril7;:2008 ,;Motion: Second; Vote: . Future Land Use Plan/City Plan 2025 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 the request to bring the existing structure into compliance does not demonstrate sufficient special conditions peculiar to the land; however, staff finds that the existing location of the nonconforming structure is compatible with the surrounding area. The images and site plan included in this staff report illustrate the peculiar layout of the cul-de-sac and the placement of the house to the west of the subject property. Due to the layout of the cul-de-sac and the positions April 7,2008 Board of Adjustments Z:IReports12008WOA Reporls1(14-April7WOA 08-2928(Wilmoth).doc BOA 08-2928 Wilmoth Agenda Item 2 Page 2 of 14 of the adjacent structures, the nonconforming structure does not appear to be out of place. 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 allow for the continued existence of the house as nonconforming, however it severely limits improvements that can be made to the structure. Staff also finds that the applicant's request to allow for a front setback of 15 feet is indicative of the RSF-8 zoning district, which is compatible with and comparable to the surrounding residential density. 3. Resulting Actions. That the special conditions and circumstances do not result from the actions of the applicant. Finding: The existing nonconforming nature of the house predates the applicant. 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 will allow the single family structure to remain at its current location and be improved as needed. The applicant will not be granted any special privileges other than a front setback variance to bring their nonconforming house into compliance. While staff does not support the building permit violation that occurred during the construction of the house in 2003, the violation was not a result of the applicant's actions and the privilege to grant a 10' variance seems reasonable given the timing of the situation. _ 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. April 7,2008 Board of Adjustments Z.IReports120081BOA Reportsl04-April700A 08-2928(Wilmoth).doc BOA 08-2928 Wilmoth Agenda Item 2 Page 3 of 14 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 7,2008. 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: The requested variance is the minimum variance necessary to bring the existing house into compliance. 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 be in harmony with the general purpose and intent of zoning regulations and will not be injurious to the neighborhood or otherwise detrimental to the public welfare because the encroachment is not significantly noticeable as evidenced by the photos included with this report due to the house's location on a cul-de-sac. , 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 a condition for this request which is stated on page two 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: The property shall be subject to all applicable bulk and area requirements. April 7,2008 Board of Adjustments Z.IReports120081BOA Reports104-April ABOA 08-2928(Wilmoth).doc BOA 08-2928 W ilmoth Agenda Item 2 Page 4 of 14 Variance Request for Wilmoth - r M EL N Subject property j m sTu_G 4 Front setback April 7,2008 Board of Adjustments BOA 08-2928 Wilmoth Agenda Item 2 Page 5 of 14 Subject property in relation to the adjacent property to the east 5Lotbje,�k Pay ,i flm Subject property in relation to the adjacent property to the west April 7,2008 Board of Adjustments BOA 08-2928 Wilmoth Agenda Item 2 Page 6 of 14 Wilmoth Variance x!m subject property - April 7,2008 Board of Adjustments BOA 08-2928 Wilmoth Agenda Item 2 Page 7 of 14 L E G END TO CERTIFY THAT THE ABOVE SURVEY WAS :.MED UNDER MySUPERVISIONAND ALL CORNERS • FOUND IRON PIN WERE SET AS SHOWN ON THE PLAT AND TO THE BEST O SET IRON PIN OF MY KNOWLEDGE ARE CORRECT. w' o UTILITY PEDESTAL ,V • WATER METER • GAS METER a SEWER CLEAN OUT DAVID L. J` GENSEN,ARLRLS 1S 1118 DATE CENTERLINE STREET - W E BUILDING SETBACK 8 U.E. S CURB 8 GUTTER SIDE 8 REAR BUILDING SETBACK - Tv . ............................ EXISTING WOOD FENCE �7S4FY Pic _ GAS LINE TELEPHONE LINE - WATER SERVICE LINE ELECTRIC LINE w•`O-�h"" "G EX. 4'SIDEWALK 48 50' t FLOOD NOTE: -' PROP. PORTION '. ELETRIC PED ' OF EASEMENT d MOK_ THIS PROPERTY/S NOT AFFECTED TO BE VACATED _ BY THE 100 YEAR FLOOD PLAIN AS - - PER FIRM 05143CO084D DATED _ \`..wsr = , 7121199. _ _ CABLE PED. P.O.B. S, TELE. PEO. LEGAL DESCRIPTION: EX ACCESS CONCRETE 8 / s\� ; CONCRETE DRIVE LOT L OF MISSION PLACE EASEMENT •� ! PROP_PORTION SUBDIVISION 7N FAYETTEVILLE, ryrig j F SETBACK a U.E. ARKANSAS AS PER PLAT OF SAIDEX. 25'BLDG. TO BE VACATED SUBDIVISION RECORDED/N THE - / w�0• ' / SETBACK 8 QE. 4.06' OFFICE OF THE CIRCUIT CLERK M AND EX-OFFICIO RECORDER OF / iSTING HOUSE °N WASHINGTON COUNTY, ARKANSAS. K p % 3.59 DFC l^ .. ....... (0.20 Acl lo• LOT 4�� 1609) 0) '. I / 0' N86.40.45-W 57.13' L / S03"25'42'"W 20.00• • N86'40.45`W 51.34' LEGAL DESCRIPTION OF EASEMENT AND SETBACK AREA TO BE VACATED PART OF LOT 4 OF MISSION PLACE SUBDIVISION IN FAYETTEVILLE,ARKANSAS AS PER PLAT OF SAID SUBDIVISION 'RECORDED IN THE OFFICE OF THE CIRCUIT CLERK AND.EX-OFFICIO RECORDER OF WASHINGTON COUNTY,ARKANSAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS.COMMENCING AT THE SW CORNER OF SAID LOT 4 THENCE S86'40'45'E 5.71 FEET, THENCE N32°13'09 E 105.73 FEET TO THE P.O.B., THENCE N32°13'09 E 30.00 FEET. THENCE ALONG A CURVE TO THE LEFT 5.06 FEET, SAID CURVE HAVING A CHORD BEARING OF S66'41'15"E 5.06 FEET AND A RADIUS OF 48.50 FEET. THENCE S32'13'09"W 15-25 FEET, THENCE ALONG A CURVE TO THE LEFT 47.80 FEET, SAID CURVE HAVING A CHORD BEARING OF S88°2477"E 46.68 FEET AND A RADIUS OF 63.50 FEET, THENCE S/3'17'11"W 11.63 FEET, THENCE ALONG A CURVE TO THE RIGHT 50.53 FEET, SAID CURVE HAVING A CHORD BEARING OF N85°17'46"W 49.54 FEET AND A RADIUS OF 73.50 FEET, THENCE S32'13'09'W 5.42 FEET, THENCE N5746'51"W 5.00 FEET TO THE P.O.B.:CONTAINING 643 SQUARE FEET MORE OR LESS. T JORGENSEN & ASSOCIATES CIVIL ENGINEERS • SURVEYORS ARKANSAS N0. l::E `. Vy„_ 1?4 NWESTSUNBRI�,FSUITES • FAYETTEVILLE, ARKANSAS 7?)03 (479)442-9127 FAXI4791582480I SCALE' I"=30' DATE REVISED CHECKED BY: DRAWN BY: -✓CN .F =;✓_."'' DATE ZSJAN08 28FEBU8 DLJ J-ILOTSI20070961MALEA � 1 . c �` PROPERTY SURVEY FOR RICHARD & NORMAJANE WILMOTH April 7,2008 Board.of Adjustments BOA 08-2928 Wilmoth Agenda Item 2 Page 8 of 14 JORGENSEN & ASSOCIATES CIVIL ENGINEERS SURVEYORS 124 WEST SUNBRIDGE,SUITE 5 • FAYETTEVILLE,ARKANSAS 72703 • (479)442-9127 • FAX(479)582-4807 DAVID L.JORGENSEN,P.E.,P.L.S. November 26, 2007 City of Fayetteville 113 West Mountain Street Fayetteville, AR 72701 Attn: Planning Department Re: Request for variance&easement vacation on parcel#765-22915-000 Dear Sir/Madam; Please find herewith a variance application, check, and a copy of a current survey depicting the subject property and proposed variance for shown setbacks and easements. The current structure has been built within the drainage easement to the west,,a",vAdn the front building setback&utility easement to the north of the structure. The ommmsct€-_ the property are requesting to have the setback and easement requirements redueed, tek accommodate the existing structure. Please call concerning any questions you may have. Sincerely; Jafed Nichols, E.I. RECEIVED FEB 12 2008 ENGINEERING DIV. Apnl 7,2008 Board of Adjustments BOA 08-2928 Wilmoth Agenda Item 2 • STRUCTURAL DESIGN • LAND DEVELOPMENT WATER SYSTEMS • WASTEWATER SYSTEMS •LAND SURV13'M@,,o414 BUILDING PERMIT APPLICATION utllce use only G '7vioa AIN Inspection DlvWon Review Routing 6 Apprullal -113 Weet Mn St" - - c - APR AL ounlel FgwdwllM;AR 72701 DIVISION TO: IW•OK DATE Phorw:QAd76.3233 F=47"7S6316 P - Engkwedrg Det•submited: O v Permits / BwrrWla SITE ADDRESS: W6141614 1176•, - Satd Waste Zone:-( Lot_ - Biack:_ Subd : �'7/<^,�� a/«,G Fin Sac-TWn-RnO: Plat Per 111:0~ LWOV heiress: W. tinp.ctions --rti E I-r c,// 7270 -Zr Ms0 Inoue N l/• Co z RrmK Fn[ CW: BW.Cmbarlaf.727Haar:.. it 3f-pt 7 225 2 35472. rgror w 05'0 Nr,n.ra a«q.nur Puma./iW bherr aW.aMs.wr srw ywr7I n..te.wa: wart ANEW _ADDITION _ALTERATION —REPAIR _MOVING _DEMOLITION FOOTING ONLY _.EXTERIOR ONLY _TENANT FINISH _DESIGWBUILD _OTHER Realdend ✓8 N Fan MUMHem ,Condo's No.of units: Townhouse who lot Ilno Oder Valuation of Work BUNK Irttermdon i Bulldlrg: S Z S /)OO i a(Storks: I" Sum ToW Area _ I Z sq.1t d F_katdal: s 2-1;X00 Height (8 r Total Haded/Cookd: NOT sq.A PlumWW: a -45,,S1O0 Lar9th: r{9 r Total Unhealed: L(5°�f sq.R M,'h' l: a ?-0.000 Width: '(P AddIAR Area: �.10.�. W ft Mlsc.: a �5)O00 Slab Floor. ZY _N Sasement: Isq.a. -Total: a 1 1-a'000- 8bucture: Wood 'I'WW Foam Form Ortwr ',.. Sullci ng will comply with Arkansas gy EnerCade Requirements(YesiNA):_4 Wall Insulation Type:Batt_ Cellulose— Is ellukee_Is a retaining wall to be oonsbuaed7(YeLft): Engineering Approval:_ Is sloped siw gred r tanh5W (Yeaft):A Engineering Approval:_ Flood PWn7(YevN9): Al .8aw Flood Elevation: :Lowest FlnWwd Floor: Planning Approval: Publk Sower Y _N AR.Pibg. pro Apval t Wash.Oo.Septk Approval t ------------------ �cr ,DESCRIPTIONOFWORK: fJEr , - (ZF sltfFv77J{L �r� 6Lt �K/<-Y <Ga �J :Use of BulldlnQj Previous Use: ---------------- OFFICE USE FOR PLAN REVIEWERS ONLY: CmWualar Type: Ocouperxry Group: Max O= anoy Lod: Fin Zone: Protection(hours): 8 Y: N: NOTICE SEPARATE PERMITS ARE REQUIRED FOR ELECTRICAL,PLUMBING,GAS,MECHANICAL,AND SIGNS. THIS PERMIT BECOMES NULL AND VOID IF WORK/CONSTRUOTION AUTHORIZED IS NOT COMMENCED WITHIN S MONTHS,OR IF WORT(CONSTRUCTION 18 SUSPENDED OR ABANDONED FOR A PERIOD OF 8 MONTH. I hereby M*that I haw read and wamkwd this appBeaflon and lwm the sate to be true and ourea NI Provisions of taw and ordinances gowmbV do's typo dwcrk wdl be ooinplied with whedwr sped W hsrdn or not. The grvldng of a parmk does nor presume to gh.e autf ady to vWaW or cancel the pvAskm of any othw state or kcal low regulating conabuction or the ane of conwhictlon. - 5� v kwoodon dpenn+ttsd wok mey reveal code v)datkxw not disoovered during plan review. Revised on 11/072002 Permttapplicabon.frm.122 April 7,2008 Board of Adjustments BOA 08-2928 Wilmoth Agenda Item 2 Page 10 of 14 v FROM (MON)APR 28 2003 ' '';OUST. 9:07/NO. 6307170948 P 3 111 :67 01 � n , .k . 367 AC) ° �srda� 1577 .. (1 IN 4fn (0. 200 AC) `" 16 9ccfis��q�Nq �`` 20' BLDG, SE Fs cF� 7. 13' 56. T 51 51 . 34' a N86 °4 a4 ) E DETENTION POND AREA MISS/aN FLACE April 7,2008 - V q Board of Adjustments BOA 08-2928 Wilmoth Agenda Item 2 Page 11 of 14 Appu ATH )FOR CERTIFICATE OF ZONI' } COMPLIANCE 0�k93-i9(Q? The applicant must provides site plan, drawn to scale, showing setbacks and measurements from overhangs on all proposed structure ,existing structures,utility casement%off-street parking,driveways, landscaping and other pro used permanent improvements like pooh,hot tubs,heating or s.c.units,decks,carports,Na 'The distance from any proposed structure-to-property lines must be clearly indicated- Floor plans maybe required for be accurately determined only by survey.The.street Is not thefrontproperty line certain use to verify zoning cons pl{soca NOTE:Property lima can SECTION(A)ZONING REO>UIREMENTS: -PROPERTY ZONED: i C SITE ADDRESS: 1---��'r�S q 2, -PROPERTY OWNER: - -^ 52 PHONE: -1-1 -PROPERTY OWNER'SADDRIESSz ? rf7 - CITY: Fv,Ile_ STATE: 4W ZIP: 2-le 4 -NUMBER OF DWELLING-UNIT'S: 'IS THIS PROPERTY SUBJECT TO RES7'RIC11YE COVENANTS? YFS i/ NO -IF YES,HAS THE APPROPRIATE REVIEW BOARD APPROVED THIS PROJECT? YES ,/ NO -NOTE:THE CITY DOMNOTFVFORCE RESIRICTM CO.PENAN7S THISINFORMA77ONISFORN077FICA77ONPURPOSMONLY. THOSE NOT APPLYING FOR A BU/LDINGPERMIT,PLEASE CONTINUE TO SECT/ON(9 OTHER Wl COnzPLE'z ENHREAPPL CAT70I: SECTION(B)BUILDING SETBACKS: -SETBACKS: FOR OFFICIAL USE ONLY: s .SCALE USED FOR STTE PLAN: - PROPOSED: NIINIMUM: I;UMIvIHId'T: -PROPOSED BUILDING HEIGHT: P NORTH: -ARE THERE OTHER STRUCTURES EXISTING ON THE LOT? SOUTH: 7Q U p,O f YESNO If yes,please describe: EAST: f WEST: i -PUBLIC SIDEWALK:A sidewalk is required alone �'/` strect(s)and constructed in accordance to specifications in the City's Street and Sidewalk Ordinance. -ADDRESS NUMBERS:No permanent water meter will be set until permanent a ress numbers(visible from the street and at least 4'high)are installed on the structure. House numbers may not be changed without approval from the Water Department - -DRIVEWAYS:Driveways must be Paved with hot mix asphalt or concrete and must be surfaced for a minimum of 12 V,feet into the property. •OFF-STREET PARKING: The PUMPS areas)must be strived into a minimum of spaces of size,of these spaces, shall be ADA accessible including for van accessibility,and shall include accessible ramps where needed. You must also prqvide curbs,bumper guards or wheel stops so that no pan of a parked vehicle extends beyond the boundary of the parking lot -SPACES REQUIRED: --SPACES PROVIDED: z -DO YOU SHARE PARKING WITH ANY OTHER BUSINESS? NO if yes,please explain in writing.- - SECTION(D)ADDITIONAL REVIEWS&APPROVAL DATES: BOARD OF ADJUSTMENTS: - LARGE SCALE DEVELOPMENT: PLANNING COMMISSION: LOT SPLIT: SECTION(E)NON-RESIDENTIAL REQUIREMENTS: -BUSINESS NAME. - - BUSINESS PHONE: -NAME ON LEASE: HOME PHONE, -HOME ADDRESS: CITY: STATE:_ZIP• _ -INTENDED USE OF STRUCITIRE: PREVIOUS USE OF STRUCTURE: -IS THE STRUCTURE VACANIT YES NO If yes,bow long bas the structure been vacant? -IS THE BUSINESS A HOME OCCUPATION? YES NO Ifyes,provide:permit ID N: PC approval due: -DOES THE USE REQUIRE AN AIR PERMIT FROM THE ARKANSAS DEPARTMENT OF ENVIRONMENT QUALITY? YES NO If yes,please provide a copy of the permit - . -DOES THE USE PRODUCE AN ODOR? - YES NO If yes,please describe the odor. •NUMBER OF EMPLOYEES: -OUTDOOR STORAGE OF MATERIAL AND/OR EQUIPMENT? YES NO If yes,please dcscribe: -SQ.FT.OF TOTAL BUILDING: SQ. FT- OF YOUR BUSINESS: - SQ.FT. OF EXPANSION: FOR OFFIGAL USE NL CERTIFICATE NUMBER: - PROPERTYZONED: PARCEL NUMBER: A - S-T-R0 PLATPAGE: O- LOT: _ BLOCK: PHASE: SUBDMSION: WI.CSSF'a-i—P USE UNIT: INCLUDED USE(S): §161.02 CERTIFICATE OF ZONING COMPLIANCE NONCONFO G SECTIONS NOTES: • - - �DA til 7,2008 ustments DATE BOA 08-2928 W moth Page 12 of 14 BOA08-2928 WILMOTH/WELLSLEY PLACE One Mile View .4; ♦ E 4 "', E`Ai �41r��\\ ��- 'V+4 { X44 a "[aT3+ .+��j�';. �l MUM RI � '� RSF• � �� ,? l��x i r3"� '� JSG�''X r' Fsrx3u> r y c., s}�q"RSF Imo' oAla aWN yP§�(.6Y7 trn s a �l �7r4 � ��` 9a'#. I �sS�E4eE 1�s a� i z R r w 735Ei1x 1 �Y\S4 bV-� ra w;J att. sF� Ia Q�t iRs a ;d y� ' �7lryg c L o[oe oSR 4i $ npy Pizv 3 olio yv l4 �. �.' Cu� Ytry't SUBJECT PROPERTY - ' 1 r c'1E r P 4 l fiFi I��Nyg9Y� �Ry ii .! s�`*Z,ftSFi at a�y i� R�aiP `; ))t♦kl� aA\ I-R��1: � - I, n s t f& y -A� I�4 1 ai eas, f 4 4 Overview Legend Boundary "'"-- Subject Property ,. tiPlanning Area BOA08-2928 m000� I 000ce Overlay District FJ Outside city Legend Hillside-Hilltop O erlay District 0 0.25 0.5 1 April 7,20 8 - Board of Adjustmen s M les BOA 08-2928 Wilmo h Agpmdn Item 2 Page 13 of 14 BOA08-2928 WILMOTH/WELLSLEY PLACE Ciose Up View -fit i 1 v3 MIN NO *,i e� t�, "vC x '. ✓� 3'ti\O "��.,�ai4 Cti�yC v�`,9`�vv �c.v �v`,^., O��`\i ilO�1 kv'ev ..�s�s Iv+,.,�C; j�j sXi�,��'�^,s O`,w v1`n �vv sA ��\_.. - ,-\ a�* ' �` � `v. cj'fz .,y��$� l 1�� 1' ra x pj \i"sv ��3 v♦x r"'U_ � ht�v\�"''V .1��v � � �� 5 v� '•''1M $vSE `�dh iA� v � 2nk b a a-- .. u v w J A vl 5'r ' R 's, a P , v F.?"d .v�Fr 2 hs' A ss � \t ~w �� v 3� s ,Sa v ✓ v �' V`V \s 4s v y '54.+✓:. 11a 'v' h'O V`O v 4.a��0 h: ,� Ovv�,V1v � C:v 1+�1�as vs v41 v v`v vvl v(w T�' \vr y. ZRSF^ly i. 42. vJ l �O 1v irC ♦ b kV a <ti£\ 1 \i �,�� \ vvv `o�.a� "t :,,''} ''�`'`v.<V t,.ti gg°v,A.,,�C.:�avtLa-*fyH�''�..�� '�'` vb�'� .X'� "''* Ns 7i, S ?�`� '• �3� :vv.(''yv v`� z �' S'�yr � -_,a,� S I C �<'C�"s �`ks3 r�gsu�s'jY`rY*��&*�"'$vs 2 3.'kJ:.,�vY.)v.v J•,,a ys s`�'+^".'P2� A Cs'�t"C"O3" hY'v+� � t ` �v.-g a%�.�s^?k2"r ^..„n's3`.v 9:,#",„'�vw'�`'"t ,�,�- S;fi .:. *; ✓ rv„a '�� .+ .yr Kis;' � tr ".,..;�s,;z. . sn O`.�day„ytj ;tia et.T.� x^O`-a Jf�s'"�O�.*1,v� �•,v?� t.^ ya r"a O W. s n �5 s ;S..n ,,,; lw•"��t, �< : v�s�q ,�`�,v\��\>'L ��':�w��1v1\�h� '.va��u',"�> O�"��"+, v,O, � y sE`;Al.r'L�.� r„� v'.`� "�si�V\A''. ,va " vv �., .�`,a-1, tC; i ^• v`c't 5 \��"wa✓}?`.,v '%\`3�'un v{ks,vs.2`\,v roovls ��'i(�,fi�yS�-532w `:i v' `vin Sbi�,O-Y O^�'RSF"s,v ,�O,�t x?�*C^v. t'�F\. si>IE„`N IM-'4`".'. 'Ost'EMI "Iffi y. Ar� 'E '). `s \C?' :,0* h.*�,,, y ' ; �1 v4is±i, U1..«. htvv�: �\llOIv� �`wi 'e'S VVb^r '1v'Ci �S1"4$i1 . lik \b)"ti ,. `�a . Fn. � � i _ ,, d,a"`�C��`�,•�1,�`'s� e\ '`�.'�Us't s< �` �*�' �< ACa l� 'a \q��i,��\`�� ttl� \ pV wa �� v ,:a'��.� ja�Cv�l 3a..h�^ . w�'Uk..?\W a.1.�_tih��i. . f\\.1�",\\„�44' RSP,-0. I i�S.\°'\•v4"+:J�� ii��.l�i�"n�:u�i�:L��S�1��>'i k�v�-4;.4�3�4..�� Overview April 7,2008 o ..-+. 0 37.5 75 150 225 300 Board of Adjustments Feet BOA 08-2928 Wilmoth Agenda Item 2 j BOA Meeting of April 7, 2008 ayel 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: March 25, 2008 BOA 08-2959 (MARKS, 404): Submitted by RANDY RITCHEY STEADFAST, INC. for property located at 1224 HENDRIX STREET. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 0.50 acre. The requirement is for 70' lot widths. The request is for reduced lot widths. Planner: ANDREW GARNER BACKGROUND: Background: The subject property is located at 1224 Hendrix. The property is 0.50 acre, is zoned RSF-4, and contains an existing single family residence. Surrounding zoning and land use are listed in Table 1. Table 1 Surrounding Zoning and Land Use Direction from Site Land Use Zonin East Multi-and Single-Famil Residential RT-12; RSF-4 North, South,West I Single-Family Residential RSF4 Proposal: As shown in Table 2, the applicant is requesting variances from the lot width requirements in the RSF-4 zoning district to allow for the creation of two approximately 51' wide lots, which if approved will require a lot split. Table 2 Variance Request Variance Issue Ordinance Requirement Applicant's Request Lot Width RSF-4) I Variances for two 51'wide lots 19' variance CITY PLAN 2025 FUTURE LAND USE PLAN DESIGNATION: Residential Neighborhood Area K.IReports12008WOA Reports104-April 700A 08-2959(Marks).dcc April 7,2008 Board of Adjustment BOA 08-2959 Marks Agenda Item 3 Page 1 of 12 RECOMMENDATION: Staff recommends denial of the two requested 19' lot width variances, based on the findings herein. Additional Comments: .Al2II 1FI1�� N; 10 ed WE 1)ertlet� 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 do not exist for this property that are peculiar to the parcel, related to lot width. The property is a rectangle approximately 104' wide and 213' deep, originally platted as Lot 3 of the Hendrix Addition. This is not an unusual lot size or shape. There are many lots in this neighborhood of a similar configuration as the subject property; there are also several 50' wide lots. Staff does not find any special condition or circumstances peculiar to the land that is not applicable to other lands in the same district. 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 not deprive the applicant of rights commonly enjoyed by other properties in the same district. In its current configuration, the property may continue to be utilized for one single family residence on a conforming lot, similar to the other properties in this neighborhood. The applicant proposes April 7,2008 K:IReports120081BOA Reports104-Apri171BOA 08-2959(Marks).doc Board of Adjustment BOA 08-2959 Marks Agenda Item 3 Page 2 of 12 two 19' variances in order to create two 51' wide lots in the RSF-4 zoning district. The lot configuration proposed would comply with the RSF-8 zoning district 50' lot width minimum. The large amount of variances proposed, almost a 30% variance in lot width for each lot, indicates that these lots are not appropriate for the RSF-4 classification. Staff has recommended to the applicant that they apply for a rezoning of the property to RSF-8 to allow for the proposed lot split meeting zoning regulations. Staff finds that the variances proposed would in essence change the zoning of the property to RSF- 8, which is a land use and zoning issue that is more appropriately addressed by the Planning Commission and City Council, as opposed to the Board of Adjustment that normally deals with minor bulk and area variances. 3. Resulting Actions. That the special conditions and circumstances do not result from the actions of the applicant. Finding: The condition requiring the variances is the applicant's desire to split the property into two non-conforming lots. This condition is a direct result of the applicant's actions. 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 requested 19' lot width variances will confer special privileges, on this applicant. The Fayetteville Unified Development Code defines a,variance as a ":..relaxation of the terms of zoning..." These proposed variances are more than a relaxation of the underlying zoning and constitute a substantial change in the RSF-4 zoning regulations on this property, in essence creating two RSF-8 lots. This proposal is more appropriate to be processed as a rezoning rather thane a variance, and granting,the variances would be a,special , privilege denied to other properties in the RSF-4 zoning district throughout the city. 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. April 7,2008 K..-Waportsl20081B0A Reports104-April 7WOA 08-2959(Marks).doc Board of Adjustment BOA 08-2959 Marks Agenda Item 3 Page 3 of 12 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 7,2008. 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: As discussed in the Findings throughout this report, staff does not find that the reasons set forth in the application justify granting the variances. The property may continue to be reasonably used for one single family residence. The applicant may also apply for a rezoning to RSF-8 to split the property into two parcels that comply with zoning regulations. : ; 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 lot width variances will not be in harmony with the general intent of the RSF-4 zoning regulations. The RSF-4 zoning district requires a minimum 70' lot width and the RSF-8 zoning district requires a minimum 50' lot width. The applicant proposes to create. two 51' wide lots .in.the RSF-4:zoning, district, which would result in a change in the lot configuration and development pattern allowed under RSF-4. However, given the surrounding lot configuration and development pattern in this older neighborhood with a variety of lot sizes, including several 50' wide lots, staff finds that the proposal to create two 51' wide lots would not be injurious to the neighborhood. The proposed lot sizes would be compatible to surrounding land use and zoning. C. Conditions and Safeguards. In granting any variance, the Board of Adjustment may prescribe appropriate conditions and safeguards in conformity with the zoning regulations. April 7,2008 K:IReports12008180A Reports104-April 71BOA 08-2959(Marks).doc Board of Adjustment BOA 08-2959 Marks Agenda Item 3 Page 4 of 12 Finding: Staff recommends denial of the variances. 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 dwelling units are a use permitted by right in the RSF-4 zoning district. April 7,2008 K.Teports120081BOA Reports104-April 7WOA 08-2959(Marks).doc Board of Adjustment BOA 08-2959 Marks Agenda Item 3 Page 5 of 12 City of Fayetteville Unified Development Code 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. (1) Permitted uses. Unit 1 Ci -wide uses by right 11 Unit 8 1 Single-family dwellin 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-famil dwellings Unit 24 Home occupations Unit 36 Wireless communications facilities (C) Density. Single-family Two-family - dwellin s dwellings11 - _. Units per acre 1 1 7 or less D Bulk and area regulations. Single-family Two-family dwellings dwellings Lot minimum width 70 ft. . 80 ft. Lot area minimum .8,000 sq.ft. 12,000 sq.-ft. r Land area per 8,000 sq.ft. 6,000 sq.ft. d welling unit Overlay 60 ft. 70 ft. Lot minimum Overlay F000 sq.ft. 12,000 sq.-ft. Lot areamrea per 8,000 sq.ft. 6,000 sq.ft. unit ., (E) Setback requirements. FRONT 1 SIDE REAR 25 ft. 1 8 ft. 20 ft. HOD Front I HOD Side HOD Rear A 15 ft. 5ft. 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) K.We orts120081BOA Re orts104-A ri171B0A 08-1959 April 7,2008 p p p (Marks).doc Board of Adjustment BOA 08-2959 Marks Agenda Item 3 Page 6 of 12 161.09 District RSF-8,Residential Single-Family—8 Units Per Acre (A) Purpose. The RSF-8 Residential District is designed to bring historic platted development into conformity and to allow for the development of new single family residential areas with similar lot size,density,and land use as the historical neighborhoods in the downtown area. (B) Uses. (1) Permitted uses. Unit 1 Cit -wide uses by right 11 Unit 8 1 Sin le-famil dwellin s (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 9 Two-family dwellings Unit 24 Home occupations Unit 36 Wireless communications facilities - C Density. By Right Conditional Use - Single-family dwelling - - -- - " units per acre 8 or less Two-family dwelling units — per acre - 8 (D).Bulk and area regulations. (1) Lotwidthminimum. -Sin le-famil - 50 ft. Two-family50 ft. Townhouse, no more than 25 ft. two attached - 2 Lot area minimum. Sin le-famil1 5,000 2g.ft. Two-famil 5,000 sq.ft. (3) Land area per dwellin unit. Single-family 5,000 sq.ft. Two-family5,000 sq.ft. . . - _. . .. Townhouses, no more than ,2,500 sq..ft - -- , two attached (E Setback requirements. Front Side Rear 15 ft. 5ft. 1 5ft. (F) Height re lations. 11 Building height maximum 1 45 ft. (G) Building area. The area occupied by all buildings shall not exceed 50%of the total lot area,except when a detached garage exists or is proposed;then the area occupied by all buildings shall not exceed 60%of the total lot area. (Ord.4783,10-18-05) April 7,2008 K.-Reports120081BOA Reports104-April71BOA 08-2959(Marks).doc Board of Adjustment BOA 08-2959 Marks Agenda Item 3 Page 7 of 12 t t t -r '1°►s-r , xx 0.,adY. d Lund , Kell h Civil. StI-Nt .M and Land Developpment Services X2(4 ) 8* _ int ChurcM1 Preside Gmr, AR 72753 (479) 646 0295 rrdchey�pgtc,cam Date: 3/6/2008 TRANSMITTAL To: Chair of the Board of Adjustments for the City of Fayetteville From: Randy Ritchey Subject: Minimum lot width variance request Greetings, Please accept this letter as the written description and explanation of how the four criteria required by ordinance apply to this request. First, this request is being made in conjunction with a lot split request to split an existing 0.50 acre lot on Hendrix street. The lot is currently zoned RSF-4, which allows four single family residences per acre. This zoning requires a minimum of 8,000 square feet of bulk area, 70 feet minimum lot frontage, 8 feet side setbacks, 25 feet front setbacks and 20 feet rear setbacks. The existing lot at 1224 Hendrix street is 103.9 feet wide and 212.54 feet deep, providing 22,081 square feet of area. Splitting this property into two lots by dividing the existing parcel exactly in half will create two lots that are each 51.95 feet wide by 212.54 feet deep. These resulting lots will have 11,041 square feet of area, which exceeds the minimum required by ordinance. Applying the required 8 feet setback to each side of the new lot leaves a buildable width of 35.95 feet on each lot. A house that is 35'x30' could easily be built on these lots, providing 1,050 SF single family living units. This type of unit is perfectly compatible with the existing surrounding structures. The existing structure on the lot is unsuitable for use and is scheduled to be demolished. The owner wishes to accomplish the lot split and construct two single family units each just over 1,000 square feet in size. Each new lot will provide 3 off-street parking spaces for the units, However, we must ask the variance for the minimum lot width requirement. The zoning requires a minimum lot width of 70 feet, while our resulting lots will be 51.95 feet wide. These lots will be 18.05 feet narrower than required by ordinance. Special conditions and circumstances that exist on this property include the shape and size of the property. This existing lot is almost 3 times bigger than allowed by the RSF-4 zoning. This lot size does not promote the desired and compatible density as described by the RSF-4 zoning. The difficulty is that even though it is excessively large for the zoning, the existing width requires the variance for the lot split. The 70' width requirement in this case would prevent the owner from creating two useable lots that meet and exceed all other bulk and area requirements for the zoning. These special conditions do not result from any action of the owner, as there are no current violations on the property. The granting of this variance will not grant to the owner any special privileges since the resulting lots still exceed all other bulk and area requirements and also still provide more than adequate buildable space to construct living units that are compatible with the area. If you have any questions, please call me at 479-846-0295. Thank you and have a blessed day! Qkk Randy Ritchey, P.E. "And the rain descended,and the floods came,and the winds blew and beat upon that house;and it fell not: for it was founded on a rock." Matthew 7:25 April 7,2008 Board of Adjustment - BOA 08-2959 Marks Agenda Item 3 Page 8 of 12 I m _ o a N O • w m^ R O H o 8 r ¢ m a `oanummu.....p„ UO s 8;` Sq � oV•�'�z � ��• C IY a��8� mmp ��iy• oNk�p'r� x$Wga: ow.^' ••••PROFF•S5l sw €zm =� �snLLw m €aggoV ww�w�opoa � o 35 �oa«o zao<�m 9 ea,0 O9t r ' o,oGj!5a OJJ� tdb ¢nr 9JSaa4.s� 9l�9gs Q6G �,im�o eo ansa o ��o ,bS'Z LZ s _ M„ZS,LZ.bOS rzs``o h oya3o w Fa FS2b io , b M .bS'Z(Z 'o � 0 o sy eyoz°, ON I p, Jy,3„ZS,IZ.bON I � FS2I`. N a"O � m _X ,bS'ZlZ 3„2:S,LZ,40_-N- ---'—' _ sz � S `O H ow oo w o is a o ' ! e a�'�3J 6Zw April 7,2008 Boar of Adjustment la 8-2959 Marks Agenda Item 3 Page 9 of 12 1525 1 N72 1505 Subject Property 1182 1W4 1503 1188 _ 12W8 1142 1108 1280 1224 11x76 1184 1106 1110 1 M4 1251 1237 1243 1467 11&1 1189 j 1465 7 1 } r 1483 a t 1409 t 1226 1218 1204 z 1467 -- -- --CARTERST_ LLI 1249 1203 Q 1405 z J 1286 CD 3 Y 1222 13P3 T�, 1N4 QTR 1200 „ 1321 1'480 1 inch equals 100 feet April 7,2008 140 70 0 140 Feet Board of Adjustment BOA 08-2959 Marks Agenda Item 3 Page 10 of 12 BOA08-2959 MARKS Close Up View twV,`'�L�rr1�`v )\ � � .......... , n o r l l \ } I C \ 2 } } y 4 I V°c\ {�`�� t i A) � �7, �"k° 'La t\ X3 U:, )v �. � s `\ E � ) > C �w£" 1 Vr•, SUBJECT PROPERTY h `s� z nicKonv MAXWELL MR k, 6T , �i YV '`A`,.I K HEMMRNSi .L < �k l "?' a � ix ``•. `r\ ,F3,'C „ a V ) a )l�. i V \A ',f ) \>t`.AF tw\. u � N -. , o-' , ) 1 `��,\toy r t rL*.3 ,\.✓ \\S,t ,k\q; t � r�`t*\ a S ,£, c F�, x a� `'F�2.1£X T t ^o T,`3� y ?c.�a�'��>+ SF-0 � ��vf., r�w�}��rs•".��,�sc„n F4*^� .'�.y �`k � �'� ii\ (h,vs'S a �3,,, M R._�.. df£lr1> .; >},,3 sin) ` `uaas Svxv�.i: � , a `s,A Overview o ... 0 75 150 300 450 600 April 7,2008 Board of Adjustment Feet BOA 08-2959 Marks Agenda Item 3 Page 11 or 12 BOA08-2959 MARKS One Mile View RSA` a CPZIYu l�1 r�.u � �.��;�`��ltF'�• �r vi„ "`�'�,��,-ygs��„�F ��' k� ��a � �� ei ,y�”';g��,r„`•rt3 i•r n s >?;J '�� v° 4v<;. `g �v �� '�3i�i�'�'r xva��' �s, ��,�''^u��,.�.''S�t� a ?�..fr .,�'�u,✓a2 �f:arcaRR€i<r�k � u ii �. `n, a� �rT ,�yi fir;''}"y �.,,„�, g9.+vs'an'3v✓'�lifWih'7 �5'a�q "11 ,aa ffl w``�S�i`+ss Y; r vv* .q: SUBJECT PROPERTY � �� • e m n s a, 9s�t1�-. y Mm o-7 C7� F�4 �. � i. 12' t 5 " r ,KeELE16TJ.f' u v r v��a f "'f i A z' srcr'f' 4 f i e v�`�d Ana 3w� Rsea Ma ,A � vLt Jg"aY. % 6h xr ,9 �.Aa 'W jv r r BSEP +r 1 Y , v c'1 +RSF"�t I s r• ftsra- a dj I d'`� 1'i a }llt' a4'�15.3'.ST^.� 'ti.p�' y [, z R a FeSS;' C:' 3 a RleW et Ra6-jf� `i'"� F Ac Ifo �" \4q y .`vju � ", r ry R u R << r1 1> `i1 d�nsfvr t�'f1sF�tihti rRs'�91 t"�st� aef+4 'hg'' 'GS�qS,. '�-',t. _ i rA1'r F�"�4pF�5 5' a' R5)•rm, Rniz �.�{ BFZOLfs' RS..F 7 ��" �HS a W AAISkW RDCjx ��9 K - P M 'R �4 i z� .x ✓ Overview Legend Boundary Subject Property r�Planning Area _ BOA08-2959 O°O o Overlay DisVict ElOutside City Legend Hillside-Hilltop O erlay District 0 0.25 0.5 1 - April 7,2008 M les Board of Adjustment BOA 08-2959 Mar es Agenda Item 3 Page 12 of 12