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HomeMy WebLinkAbout2010-06-07 - Agendas •
Taeiile
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, JUNE 7, 2010 at 3:45 p.m.
Room 111, City Administration Building
The following items will be considered:
1. Approval of the minutes from the April 5, 2010 meeting.
New Business:
2. BOA 10-3586 (37 S. GREGG AVENUE, 522): Submitted by TODD JACOBS for
property located at 37 S. GREGG AVENUE. The property is zoned NC, NEIGHBORHOOD
CONSERVATION and contains approximately 0.33 acres. The request is for variances of lot
width and minimum buildable street frontage in order to subdivide the property and construct
two new single family dwellings. 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 eel 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 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.
2010 Board of Adjustment Members
Robert Kohler (Chairman)
Sheree Alt
Mark Waller
Steven Bandy
Kristen Knight
Board of Adjustment Meeting
April s, 2010
Page 1 of 5
MINUTES OF THE
BOARD OF ADJUSTMENT
A meeting of the Board of Adjustment was held on April 5, 2010 at 3:45 p.m. in Room
111 of the City Administration Building, 113 W. Mountain, Fayetteville, Arkansas.
ITEMS DISCUSSED ACTION TAKEN
BOA 10-3530 (Narrow Escapes, 444) Approved
Page 2
BOA 10-3545 (Life Styles for Living, 363) Approved
Page 3
BOA 10-3546 (3274 E. Zion Rd., 099) Approved
Page 5
MEMBERS PRESENT MEMBERS ABSENT
Sheree Alt
Steven Bandy
Robert Kohler
Mark Waller
Kristen Knight
STAFF PRESENT STAFF ABSENT
Jesse Fulcher
Andrew Garner
Dara Sanders
Jason Kelley
Jeremy Pate
Board of Adjustment Chair Bob Kohler called the meeting to order at 3:45 PM.
June 7,2010
Board of Adjustment
BOA Minutes 4/5/2010
Agenda Item 1
Page 1 of 6
Board of Adjustment Meeting
April s, 2010
Page 2 of 5
BOA 09-3530 (NARROW ESCAPES / NORTH ST & RR, 444): Submitted by
BATES & ASSOCIATES for property located ON THE SOUTH SIDE OF NORTH
STREET, EAST OF THE RAILROAD CORRIDOR. The property is zoned RMF-24,
MULTI FAMILY - 24 UNITS/ACRE and contains approximately 2.15 acres. The
request is for a variance from the minimum buildable street frontage requirements.
Andrew Garner, Senior Planner, gave the background for the variance request and the
minimum buildable street frontage requirement. Finding several unique circumstances on
this parcel staff recommends approval.
Board Member Kohler discussed the exceedingly long street frontage on one side of the
property and the extremely short street frontage on North Street.
Board Member Knight asked about how the minimum buildable street frontage was
measured.
Garner discussed that it is measured based on the lot width at the right-of-way line, and
that the building area is calculated from eave to eave.
Geoff Bates, applicant, discussed that they tried to fit this development in with the City's
requirements but the unique shape of the parcel requires the variances.
No public comment was presented.
Motion:
Board Member Knight made a motion to approve the request as requested by the
applicant. Board Member Alt seconded the motion. Upon roll call, the motion passed
with a vote of 5-0-0.
June 7,2010
Board of Adjustment
BOA Minutes 4/5/2010
Agenda Item 1
Page 2 of 6
Board of Adjustment Meeting
April s, 2010
Page 3 of 5
BOA 09-3545 (LIFE STYLES COLLEGE FOR LIVING, 363): Submitted by BATES
AND ASSOCIATES for property located at CORNER OF W. SYCAMORE ST. AND
SADDLEHORN AVE. The property is zoned P-1, INSTITUTIONAL and contains
approximately 1.27 acres. The request is for a reduced front setback of 20 feet to allow
10 feet of a canopy over the driveway at the entrance of the building.
Dara Sanders, Current Planner, gave the background for overall large scale development
that was approved by the Planning Commission in March 2010. She described the
property and the variance request for the covered vehicular drop-off canopy within the
building setback. Finding that the property can be reasonably developed without the
variance, staff recommends denial.
Board Member Kohler discussed that the proposed canopy does not encroach further to
the street than anything along the street.
Board Member Waller asked about other properties zoned P-1, Institutional mentioned
in the staff presentation.
Sanders discussed that the Physician's Surgery Center and Butterfield Trail Elementary
School were two projects that were zoned P-1 and did not have a covered drop-off
canopy.
Andrew Garner, Senior Planner added that this was mentioned in the findings because
staff felt it would be a special privilege denied to other properties in the same zoning
district. The other two properties mentioned have discussed with staff the desire to have
drop-off canopies, but because of the building setbacks in P-1 did not propose or build
one.
Board Member Knight asked about a shared driveway.
Sanders confirmed that, yes, the driveway was shared with the adjacent apartments.
Geoff Bates, applicant, discussed the various features of the site that they felt were
unique including the floodway, floodplain, and shape of the parcel.
Ken Shireman, applicant, gave further background of the site and discussed that they
desired maximum standards with the site being built out as much as possible, that the
requirement to dedicate right-of-way for the adjacent street was a hardship. He discussed
the shape and design of the proposed canopy, the project, and nature of the institution
proposed and the clients served.
Board Member Waller asked how big the canopy was.
Ken Shireman, applicant, discussed that it is a big canopy so more than one vehicle can
park in the drop-off area at the same time.
June 7,2010
Board of Adjustment
BOA Minutes 4/5/2010
Agenda Item 1
Page 3 of 6
Board of Adjustment Meeting
April s, 2010
Page 4 of 5
Board Member Knight asked if the drop-off canopy was a part of the original program.
Ken Shireman, applicant, stated yes it was always a part of the program.
Charles ?, president of Lifestyles, discussed that the last time they modified their
facilities was over 15 years ago. As part of the design of the proposed facility they
acquired more square footage from the neighbor, designed the site to maximize parking.
Funds come difficult and there was a 3-year campaign to raise funds for this project. We
can only construct a one-story building because of the I-540 Design Overlay District.
Board Member Waller asked the applicant if they ever designed any alternatives that
would meet the City ordinances.
Ken Shireman stated, no.
Board Member Kohler discussed that this drop-off is for a different group of people
because of the nature of the institution.
Board Member Alt discussed that the property was located within a floodplain.
Jason Kelley, Assistant Attorney, asked if the drop-off canopy was required as part of an
ADA requirement.
Charles, ?, president of Lifestyles, stated no, it was not required by ADA.
Board Member Bandy discussed that if they moved the canopy on other areas of the site
they would lose ADA parking.
Garner corrected a previous statement of the applicant that only a one-story building
could be built. City code would permit a multiple story building on the site.
No public comment was presented.
Board Member Alt stated that she felt the ordinance deprived the applicant of
development rights.
Motion:
Board Member Alt made a motion to approve the request as requested by the applicant,
including the condition of approval recommended by staff on page 4. Board Member
Bandy seconded the motion. Upon roll call, the motion passed with a vote of 3-2-0
with Board Members Waller and Knight voting `No'.
June 7,2010
Board of Adjustment
BOA Minutes 4/5/2010
Agenda Item 1
Page 4 of 6
Board of Adjustment Meeting
April 5, 2010
Page 5 of 5
BOA 09-3546 (3274 E. ZION RD. V.THOMPSON, 099): Submitted by ED
FRANKZE for property located at 3274 E. ZION RD. The property is zoned R-A,
RESIDENTIAL-AGRICULTURAL and contains approximately 2.00 acres. The request
is for a reduced front setback to bring an existing non-conforming structure into
compliance.
Andrew Garner, Senior Planner, gave the background for the home that was built on the
property prior to the site being annexed into the City, and discussed that the request is to
bring the non-conforming home into compliance.
Board Member Waller asked when the property was annexed into the City.
Garner stated that he did not know.
Board Member Kohler discussed that the reasons for the non-conformity were beyond
the actions of the applicant.
Virginia Thompson, applicant, confirmed that the property was already in the City when
she purchased it.
No public comment was presented.
Motion:
Board Member Bandy made a motion to approve the request as requested by the
applicant, and added a condition that any expansion of the building into the building
setbacks beyond the existing footprint of the home, would be required to be submitted to
the Board of Adjustment for review. Board Member Knight seconded the motion. Upon
roll call, the motion passed with a vote of 5-0-0.
All business being concluded, the meeting was adjourned at 4:45 p.m.
June 7,2010
Board of Adjustment
BOA Minutes 4/5/2010
Agenda Item 1
Page 5 of 6
June 7,2010
Board of Adjustment
BOA Minutes 4/5/2010
Agenda Item 1
Page 6 of 6
TaTeTui
Meeting of June 7, 2010
NSAS
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: May 27, 2010
BOA 10-3586 (37 S. GREGG AVENUE, 522): Submitted by TODD JACOBS for
property located at 37 S. GREGG AVENUE. The property is zoned NC,
NEIGHBORHOOD CONSERVATION and contains approximately 0.33 acres. The
request is for variances of lot width and minimum buildable street frontage in order to
subdivide the property and construct two new single family dwellings.
Planner: Andrew Garner
BACKGROUND:
Property Description: The subject property is located just south of Center Street and
within the Downtown Master Plan Area on the west side of Gregg Avenue. The lot is zoned
NC, Neighborhood Conservation. On May 6, 2010 the overall 0.70-acre tract was
subdivided, with a single family house remaining on the southern 0.37 acres and the
northern 0.33 acres a remaining undeveloped lot. The northern undeveloped 0.33 acre tract
is the subject property. The subject property is bounded by Spout Springs Branch and its
associated floodplain and riparian vegetation along the northeastern half of the lot.
Proposal: The applicant proposes to subdivide the property into Tracts IA and 1B with
4,019 and 10,040 square feet, respectively. The applicant proposes to build two single
family residences on these new lots. Lot IA would be a conforming lot. However, Lot 1B
would have only 34 feet of street frontage when 40 is required, and the applicant is
proposing to build a home outside of the build-to zone. These variances are listed in Table
1. The applicant has submitted a survey and site plan showing the proposed lot layout and
location of the new homes.
Table 1
Variance Re u
Variance Ordinance Requirement Applicant's Request
Issue
Tract 1 B
Lot Width 40 feet 34 feet 6-foot variance
Build-to zone Structure in build-to zone Structure outside of the build-to zone and 0%
with 40% minimum minimum buildable street frontage
buildable street frontage
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BOA 10-3586 37 S.Gregg St
- Agenda Item 2
Page 1 of 12
Public Comment: Staff has not received public comment.
RECOMMENDATION:
Staff recommends approval of the requested variances to allow for the proposed lot
split and development as indicated on the submitted survey and site plan, subject to
the following conditions of approval:
1. The lot split shall be filed of record prior to building permit approval for Tract
1B.
2. Only two single family detached homes shall be permitted on the subject
property.
3. In order to maintain a riparian buffer and tree canopy associated with Spout
Springs Branch, a tree preservation plan and review by the City's Urban
Forester is required prior to issuance of a building permit on Tract 1B. No
trees shall be removed along the north property line.
4. Tracts IA and 1B shall be accessed off of a shared curb cut that shall be placed
in an access easement at the time of lot split.
Additional Conditions/Comments:
BOARD OF ADJUSTMENT ACTION- pproved ❑ Dement'
Date: June 7,2010 Motion: Second Vote:
CITY PLAN 2025 LAND USE PLAN DESIGNATION: Downtown Master Plan
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: It is a special condition unique to property in the Downtown Master
G:IETCI Development Services Reviewl2O101Development Reviewll0-3586 BOA 37S.Gregg AvenuelBoard of
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BOA 10-3586 37 S.Gregg St
Agenda Item 2
Page 2 of 12
Plan Area that this property is appropriate for single family infill
development consistent with the City's adopted comprehensive plan
(City Plan 2025). The City's comprehensive plan provides the purpose
and intent for zoning regulations. A comprehensive plan must be in
place before zoning is adopted, according to state and federal law.
Many lots in the Downtown Master Plan Area are not appropriate for
infill due to existing development, utilities, lot size, or the general lot
configuration. This is a special condition unique to this property. It is
also an unusual circumstance that the zoning criteria permits the
property to be developed for a two-family or three-family home (duplex
or triplex), but the lot cannot be subdivided and developed for two
single family homes given the current lot width regulations.
The location of Spout Springs Branch and its associated floodplain
along the property's northern property line is a unique condition. The
creek runs along the eastern portion of the northern boundary before
traversing to the north away from the site. The creek and associated
floodplain are proposed to be preserved, which requires development
on Tract IB to be located away from the street and outside of the build-
to zone.
The requested variances, if subject to the recommended conditions of
approval, would allow infill and revitalization of this property
consistent with the City's comprehensive plan.
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: In its current configuration, the property may be developed for one
single family residence, one two-family residence, or one three-family
residence on a conforming lot. The applicant proposes a lot width and a
build-to zone variance in order to create two lots in the NC zoning
district of approximately 4,019 and 10,040 square feet and develop both
lots for single family residences. Staff finds that the variances would not
increase density over the current zoning if conditioned appropriately;
rather the variances would permit an additional detached single family
residence as opposed to a duplex or triplex. The variance would permit
infill on the property that would be compatible with the surrounding
residential uses and would increase the variety of residential types in
the Downtown Area.
Staff finds that literal interpretation of the zoning regulations for lot
width in this situation conflict with the goals and objectives of City Plan
G.IETCIDevelopment Services Review120101Development Review110-3586B0A37S.Gregg Avenue0oard of -
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Agenda Item 2
Page 3 of 12
2025 to encourage appropriate infill development, to encourage and
promote attainable housing options, to encourage and provide more
opportunities for people to live and work in the City, and to promote
compact development in strategic locations. As City Plan 2025 is the
overriding adopted land use plan for the City and the background for
the zoning code, the policy to encourage appropriate infill is a unique
and applicable consideration, and approval of the variance will be, in
staffs opinion, "...in keeping with the spirit and intent of the zoning
ordinance.", in this particular case (Arkansas Code Annotated 14-56-
416(2)(B)(i)(2)). In addition, the variance will be in keeping with the
stated purpose of the Neighborhood Conservation, NC, zoning district
which, "Serves to promote and protect neighborhood character."
(Fayetteville UDC Section 161.23(A)).
3. Resulting Actions. That the special conditions and circumstances do not
result from the actions of the applicant.
Finding: The applicant's desire to subdivide and develop the property creates the
need for the variances. However, the special conditions requiring the
variances, including the stream corridor, and the unique opportunity
for single family infill, are not the result of actions of the applicant. The
applicant could build a duplex or triplex on the property in order to
obtain a higher dwelling unit yield. However, such a proposal would not
be in keeping with the applicant's desire to build single family homes in
the Downtown Area, consistent with the policies of City Plan 2025 to
encourage appropriate infill and provide a variety of dwelling types.
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 6-foot lot width variances and the build-to zone
variance will not confer special privileges on this applicant, in terms of
density, land use or setbacks. Three dwellings could be permitted on
this property by developing it for a triplex; however, it is the applicant's
desire to construct two single family residences. Staff finds that the
applicant's proposal is consistent with goal No. 1 of City Plan 2025, and
appropriate in the NC zoning district. Staff does not find that meeting
the goal for appropriate infill is a special privilege in this case; rather it
is the implementation of the adopted land use plan for 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.
G,IETCIDevelopment Services Review120101Development Reviewl J0-3586 BOA 37S Gregg AvenuelBoard of
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BOA 10-3586 37 S.Gregg St
Agenda Item 2
Page 4 of 12
Finding: Existing nonconformities were not considered as a basis of the findings
stated in this staff report.
Section 156.02 C. Consideration by the Board of Adjustment.
1. Bulk and Area.
Applications for variances of bulk and area requirements shall be considered
by and may be approved by the Board of Adjustment.
2. Public Hearing. A public hearing shall be held.
Finding: A public hearing is scheduled for Monday,June 7,2010.
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 creation and development of two single
family lots. A variance is not needed to construct a duplex or a triplex .
on the property.
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: Given the surrounding lot configuration and development pattern in
this older neighborhood with a mix of residential types, staff finds that
the proposal to create and develop two new lots as shown on the survey
and site plan would not be injurious to the neighborhood. Rather, the
proposed lot sizes and development pattern would be compatible with
the surrounding land use and would allow for the preservation of the
riparian corridor on the property, with conditions recommended
herein. Also see discussion under Findings No. A.1 and A.2. It is staffs
finding that granting the variances would be in keeping with the spirit
of the zoning ordinance.
C. Conditions and Safeguards. In granting any variance, the Board of
Adjustment may prescribe appropriate conditions and safeguards in
conformity with the zoning regulations.
G:IETCIDevelopment Services Reviewl20101 Development Review110-3586 BOA 37S.Gregg AvenuelBoard of
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BOA 10-3586 37 S.Gregg St
Agenda Item 2
Page 5 of 12
Finding: Staff has recommended approval, with conditions that development on
the new lots be limited to detached single family homes, and that trees
along the riparian corridor be preserved. Future development or re-
development of the site will require the property owner to meet all
applicable building setbacks.
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
G:IETCIDevelopment Services Review120100evelopment Review110-3586 BOA 37 S.Gregg AvenuelBoard of
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BOA 10-3586 37 S.Gregg St
Agenda Item 2
Page 6 of 12
TRACT SPLIT
FLOOD CERTIFICATION: M;"Cc
NO PORTION OF THIS PROPERTY IS LOCATED NEI/4,CORNER
WITHIN FLOOD ZONE'WOR"AE"AS(NATE SYSTEM,NORTH DETERMINED BY THE NATIONAL FLOOD INSURANCE PROGRAM FLOOD INSURANCE
RATE MAP FOR WASHINGTON COUNTY,
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June 7,2010
Board of Adjustment
BOA 10-3586 37 S.Gregg St
Agenda Item 2
Page 8 of 12
5 Bid 18'25"E 182J8'
I2� (� ��pp O OFC K
TRACT I °
0.333 ACRES
PROPOSED
PROPOSED 5'SErBACK— 97.67
PRO OSCD PROP05FO LOT LINE
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PROPOSED 5' AOK z V I
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I ENVELOPE I PROPOSED o
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LOT 1B VARIANCE REQUEST SUMMARY
RECEIVED
VARIANCE #1 : LOT FRONTAGE ON R.O.W.
REQUIRED: 40 FEET MAY 10 2010
PROPOSED: 34. 15 FEET
VARIANCE #2: BUILD—TO—ZONE PIIAANONING DIVISIONFAYE
REQUIRED: BUILDING TO BE BUILT WITHIN BUILD—TO—ZONE WITH 40%
MINIMUM STREET FRONTAGE
PROPOSED: THE HOME WILL BE BUILT OUTSIDE OF THE BUILD—TO—ZONE
=20
(DUE TO THE LOCATION OF THE RIPARIAN CORRIDOR) AND IN SCALE: 1 509095/ NEWELL LAND CO.
509 W. SPRING ST. SUITE PREPARED
THE BUILDING ENVELOPE SHOWN AT THE REAR OF THE LOT AS DATE: s-s-lo FAYE EVILLE, Aft z of APPIAN, INC.
INDICATED IN THE ABOVE EXHIBIT SUBMITTAL
GREGG STREET
BOARD OF
ADJUSTMENTS 31 S. GREGG STREET
VARIANCE
REQUEST FAYETTEVILLE, ARKANSAS
REVISION #0 Board of Adjustment
A enda Item 2
Page 9 of 12
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BOA 10-3586 37 S.Gregg St
Agenda Item 2
Page 11 of 12
BOA10-3586 37 S. GREGG
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June 7 2010
Board of Adjustment
BOA 10-3586 37 S.Gregg St
Agenda Item 2
Page 12 of 12