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HomeMy WebLinkAboutOrdinance 5400 Doe ID. 014009970004..Type. REL Kind: ORDINANCE Recorded: 05/10/2011 at 10:42:00 AM Fee Amt: 830.00 Pace 1 of 4 Washincton Countv. AR Bette Stamps Circuit Clerk File2011-00012838 ORDINANCE NO. 5400 AN ORDINANCE APPROVING VAC 11-3769 SUBMITTED BY JOHN BRACEY FOR PROPERTY LOCATED AT 237 RAY AVENUE TO VACATE A PORTION OF A UTILITY EASEMENT, A TOTAL OF 178.7 SQUARE FEET. WHEREAS, the City Council has the authority under A.C.A. § 14-54-104 to vacate public grounds or portions thereof which are not required for corporate purposes; and WHEREAS, the City Council has determined that the following described portion of the platted utility easement is not required for corporate purposes; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby vacates and abandons the following utility easement as described in Exhibit B (attached). Section 2: That a copy of this Ordinance duly certified by the City Clerk along with the map attached and labeled Exhibit A shall be filed in the office of the Recorder of the County and recorded in the Deed Records of the County. Section 3: That this vacation approval is subject to the following Conditions of Approval and shall not be in effect until these conditions are met: 1. The applicant shall remove the portion of the deck that crosses the north property line and encroaches into the tree preservation area prior to the acceptance of this utility easement vacation. 2. Prior to removal of the deck, the applicant shall obtain Board of Adjustment approval of a variance request to bring the deck and home into compliance with the bulk and area requirements of the underlying zoning district. Page 2 Ordinance No. 5400 PASSED and APPROVED this 19°i day of April, 2011. APPROVED: ATTEST: By: _ I 62M 4L( 2�� NAD JO A ayor SOND E. SMITH, City Clerk/Treasurer c :FAYETTEVILLE• 4z•, 9 Q� ��a' %9s RKANS •°J�. �,,"h''%j a 01A "o i Wd6hmgtOn County, AFS I certafy this instrument;was fifed on '. 05/10%2011 "1'0:42:00 AM and recorded in Real Estate File Number 2011-00012838 Bette St s - C cuit Clerk EXHIBIT "A" �.Y� �r'i�«�3,� -y2 9 ooy>p F.m a? oco "np ' c yoma Q �'�^''�Y'o n>s_ 3WNo .<x] '�0 O4 4 wOOA `�OZOzmrn%O AmC y-1 < {O O >G A G SG Y onto-Fi F Knw�myHm j9 EOyD K-In Y YO _ 00n i Y00 Sr�1C r0a�-i.2iMcO''3,NyAm�Y1S�1 �<Y7 Y � 'l `. n iY O. C r r0_ COO Oj.M(Z'1-iYGSGOm-mlll � OS-1mY7C�Or O C �' G >c c on�fn,.' - yzn m� n yn a V po>•..r G c_' c Ix' �z7Y_ oz;:3IS3�H5 ''p�� ct%„c`o'^ 3 _ cr,>i z;om 8� c o s,mmy ter._ .pmm an 'a nyy^'i >�> Vy0'�in^c_ !n mGl r•$05�' %ll9Cn •yi.Cpnl 30 aF mmNooNo�si.. � X71 p<� po p p o KD1°0]'SN"li O _ I o- Qa \'• N p 119' s I f" •- � lfu1 I lyJ S v/o£ l7 A z m Cc—1 y W F P � O N N N i o b y ry - PORCIi �,f� �� ter►! I _ �, r�' l " -M\, e s y wW-- 6301F� SpxM45 nslolIVR CURII� C DAR i c/6 LAAY AVL•NDE O 30 ASPHALT,50'R/W UJR8 CURD eme u.x�ron zoi '- b�Tz n q/ ani ; `Ssaa ad a - - -- - -wlv N >-ai •N' apo '17CHNICAL OR dib b DSEY&AS8SOCIA & LEGEND: ,at.6':P�P a.". °'•` y I,INUSEY&ASSOCIATES Bates STACY PIXLEY •row�snnuunwcnry+s > Associates,lnc. 2 nnnrzEsr • 239 S. RAY AVS CN IErglneeXnB 8C Iantl SvrvoYlnp ((QQ�� 1,11 Rl PAYEC9[si �'� u.c stn ilex TTF,VfLLE, ARKANSAS tl„yyw _„f,�,„,••,••,p„s_, wum.f nw(C�c s.nl ASA 10 D4E: /1 120/0 SCa /"+20' 4.99 O'c0>t Al u\* N tOCRilpv: SURVEVEp', DRnf1E0: Nw"4 In11NUaxv llu aln,. tnl `[ IMPEN IRPItS OI Di —— 'vD SUDgN51pY REYIEMEp:01 .. i[0. f EXHIBIT "B" VAC 11-3769 PROPOSED EASEMENT VACATION DESCRIPTION: A PART OF LOT 2 IN TIMBER TRAILS SUBDIVISION TO THE CITY OF FAYTTEVILLE, ARKANSAS AS PER PLAT ON FILE IN PLAT RECORD "23A" AT PAGE 255 IN THE OFFICE OF THE CIRCUIT CLERK AND EX-OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO-WIT: BEGINNING AT A POINT WHICH IS N86'5 I'01"W 17.00' FROM THE SOUTHEAST CORNER OF SAID LOT 2 AND RUNNING THENCE N86°51'01"W 3.00', THENCE NO3°08'59"E 59.28', THENCE N82°35'15"E 3.05', THENCE S03°08'59"W 59.84' TO THE POINT OF BEGINNING. CONTAINING 178.7 SQUARE FEET, MORE OR LESS. SUBJECT TO RECORDED INSTRUMENTS, COVENANTS, RIGHTS-OF-WAY AND EASEMENTS. City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 4/19/2011 City Council Meeting Date Agenda Items Only Dara Sanders Planning Development Services Submitted By Division Department Action Required: VAC 11-3769: (Bracey, 526): Submitted by John Bracey for property located at 237 Ray Avenue. The property is zoned R-PZD, Residential Planned Zoning District. The request is to vacate a portion of a utility easement. Cost of this request Category/Project Budget Program Category/Project Name Account Number Funds Used to Date Program/Project Category Name Project Number Remaining Balance Fund Name Budgeted Item Q Budget Adjustment Attached Previous Ordinance or Resolution# Department Di or Date Original Contract Date: ✓U'� _ ( < < Original Contract Number: City Attorney( Date ` (� `S o`..7�cil - t Jam+ Y, u l-1 -20 r t Finance and Internal Services Director Date Received in C46 31 - I 1 P 1 0 : 4 2 i2 C V D Clerk's Office Chief of Staf Date EtiY t Received in Mayor's Office a� r Date Comments: Revised January 15, 2009 FayZr THE CITY OF FAYETTEVILLE,ARKANSAS DEPARTMENT CORRESPONDENCE S CITY COUNCIL AGENDA MEMO To: Mayor Jordan, City Council Thru: Don Marr, Chief of Staff Jeremy Pate, Development Services Director From: Data Sanders, Current Planner Date: January 6, 2011 Subject: VAC 11-3769 (Ray Avenue) RECOMMENDATION Staff and Planning Commission recommend approval of an ordinance vacating a portion of a utility easement on the subject property(VAC 11-3769). BACKGROUND The subject property is located at 237 Ray Avenue, east of Happy Hollow Road, in the Timber Trails neighborhood, and is developed for a single-family home. The surrounding land use and zoning consists of single-family residences. The applicant's request is to vacate a portion (178.7 square feet) of a utility easement located along the property frontage in which the overhang of the home encroaches by approximately one foot. DISCUSSION On March 28, 2011 the Planning Commission forwarded this request to the City Council with a recommendation for approval with a vote of 8-0-1 (Commissioner Lack recused). BUDGETIMPACT None. ORDINANCE NO. AN ORDINANCE APPROVING VAC 11-3769 SUBMITTED BY JOHN BRACEY FOR PROPERTY LOCATED AT 237 RAY AVENUE TO VACATE A PORTION OF A UTILITY EASEMENT, A TOTAL OF 178.7 SQUARE FEET. WHEREAS, the City Council has the authority under A.C.A. § 14-54-104 to vacate public grounds or portions thereof which are not required for corporate purposes; and WHEREAS, the City Council has determined that the following described portion of the platted utility easement is not required for corporate purposes; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby vacates and abandons the following utility easement as described in Exhibit B (attached). Section 2: That a copy of this Ordinance duly certified by the City Clerk along with the map attached and labeled Exhibit A shall be filed in the office of the Recorder of the County and recorded in the Deed Records of the County. Section 3: That this vacation approval is subject to the following Conditions of Approval and shall not be in effect until these conditions are met: 1. The applicant shall remove the portion of the deck that crosses the north property line and encroaches into the tree preservation area prior to the acceptance of this utility easement vacation. 2. Prior to removal of the deck, the applicant shall obtain Board of Adjustment approval of a variance request to bring the deck and home into compliance with the bulk and area requirements of the underlying zoning district. PASSED and APPROVED this day of 2011. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerkf1'reasurer EXHIBIT "B" VAC 11-3769 PROPOSED EASEMENT VACATION DESCRIPTION: A PART OF LOT 2 IN TIMBER TRAILS SUBDIVISION TO THE CITY OF FAYTTEVILLE, ARKANSAS AS PER PLAT ON FILE IN PLAT RECORD "23A" AT PAGE 255 IN THE OFFICE OF THE CIRCUIT CLERK AND EX-OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO-WIT: BEGINNING AT A POINT WHICH IS N86°51'01"W 17.00' FROM THE SOUTHEAST CORNER OF SAID LOT 2 AND RUNNING THENCE N86°51'01"W 3.00', THENCE NO3008'59"E 59.28', THENCE N82-35'1 5"E 3.05', THENCE S03°08'59"W 59.84' TO THE POINT OF BEGINNING. CONTAINING 178.7 SQUARE FEET, MORE OR LESS. SUBJECT TO RECORDED INSTRUMENTS, COVENANTS, RIGHTS-OF-WAY AND EASEMENTS. Tayelevi le PC Meeting of March 14, 2011 ARKANSAS THE CITY OF FAYETTEVILLE, ARKANSAS 125 W. Mountain St. Fayetteville,AR 72701 PLANNING DIVISION CORRESPONDENCE Telephone:(479)575-8267 TO: Fayetteville Planning Commission FROM: Dara Sanders, Current Planner THRU: Jeremy Pate, Development Services Director DATE: 1reh 7—,24-1- Updated April 1, 2011 VAC 11-3769: Vacation (237 RAY AVE/BRACEY, 526): Submitted by JOHN BRACEY for property located at 237 RAY AVENUE. The property is zoned R-PZD, RESIDENTIAL PLANNED ZONING DISTRICT TIMBER TRAILS and contains approximately 0.15 acre. The request is to vacate a portion of a utility easement. Planner: Dara Sanders Findings: Property Description: The subject property is located at 237 Ray Avenue, east of Happy Hollow Road, in the Timber Trails neighborhood, and is developed for a single-family home. The surrounding land use and zoning consists of single-family residences. A recent survey of the home conducted as part of a real estate transaction revealed that the overhang of the home encroaches into one foot of a general utility easement on the east side, as well as the required front setback and north side setback. The survey also reveals that a wood deck was constructed without a building permit to encroach into the required north side setback and over the property north property within the tree preservation/common area. To resolve this issue, the applicant is required to remove the deck or obtain approval of a property line adjustment, vacate the tree preservation area, and request a variance from Board of Adjustment for the front and side setback requirements. Request: The applicant's request is to vacate a portion (178.7 square feet) of a utility easement. The applicant has submitted the required easement vacation notification forms to the utility companies and to the City with the result summarized below. UTILITIES RESPONSE Ozarks Electric No Objections Cox Communications No Objections Southwestern Electric Power Company No Objections Arkansas Western Gas No Objections AT&T No Objections CITY OF FAYETTEVILLE: RESPONSE Water/Sewer No Objections Transportation No Objections Solid Waste No Objections Engineering No Objections Public Comment: No public comment has been received. Recommendation: Staff recommends tabling VAC 11-3769 to the March 24t' Planning Commission meeting to allow staff and the applicant to address the issue of the tree preservation area and setback encroachments. CITY COUNCIL ACTION: Required PLANNING COMMISSION ACTION: Required Planning Commission Action: x Forwarded ❑ Denied ❑ Tabled Date: March 14, 2011 Motion: Cabe Second: Chesser Vote: 8-0-1 (Lack recused) Note: :.EZNz= �co Kn'z'>''aon° n�9w oa'4gaz o nnY p�K4z aooa co Nn�-a�'- m `w �nc m'an90 xosc-1 ,.,< >'c>op>R. r.. >"z.n9n t�^_3zo5� aYU ca~o�r�Z��o >O Sao- sE O C- ! 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PR CURB O p ,` ) Q w..elb=. > + S03d0%'S9"lV n /_ � � 4 CURD t _ o_ RAY AVENGE - b ' 30 gSPHALT-50'R/W—'7 7 c/L CURD m�FFn .off ioi CURD os=pg `SS�aoad l/ m a Rv- ---------------- -----ppO - -------- gg=�"_„ r•. z E = gym TECHNICAL AL AP Pl.AT Yu-'vIEW �'rGR�EYOe�+b,•`', oho j��� �a _ at) FOR USBAND DSOCI OF: LEGEND LINDSEY&ASSOCIATES Bates & �w STACY PIXLEY A •[Dv + 'c s 2npaLESE: AssociateS,inC R' 0 25"" 05 YS] S.T RAY AVE. �� ➢MII FrgIIIL,tlng&,4ntl SurveYIRB ©- lI 1 rt Al ®IAov r 1 r _ £AYETTEVILLE, ARKANSAS wnall..p.,(w.e++Iwanw.rnwmw ww S H DATE: l( 1 2010 . .. a o aLI n�a.11ikum 1,>n .pw'vv.n.ul. IOC.. $RRVEIEO: DRaiIFO: trNW1,+M 0.m n° T"y^ly RONii UnPY[LINCIMIInSpP1.D1 In:,w.n.nmdr,mmn pw� Lll LOi 2 pf pw.,m).,q,nytl May.M.1+f_ CR a 11AY 0.11AD UNDER INULS Ol "'e' "' IUOImOwnv SUMASION RENEM£O: OL .els +m unx�a,.a,,.lxa u�.pxs:lq"from.. �� = 1.5<\SfMnl — uilLlil'C5: i A-3�__RQ PERN717. CONSTus . TTEi;} py CO UB NFORMS j SIT DRAWING SO ROVAL D MINIMUM A KS AFi Li1TED SET 3 W+vcF .YN CATE / 3 0 DATE 4i Ju I DATE FAYETTE LLE DING SAFETY a PLANNING DIVISION O JJ, I �? 30'1Z • -_ 21.46' S81 ° 44.05' _ _-----' N82 54' 24 E I � 22' 8�"--� m -20, ro z •: w : 6.. > N : LOT 2 ...... ..................... ........ .: m_ 60146 DRIVE N Q e _ N86° 51' IiN -------------- -- 25'-0" -----� Timber Trails 5ubd, PLOT PLAN PRECISON LAYOUT, INC. Fayetteville, AR Setbacks: P.O. BOX 10108 Jon Brittenum Const. Front: 20, FAYETTEVILLE, AR. October 10, 2009 Rear: 20, JKE194q@YAHOO.COM Side: 8' CELL:419.841.46T4 UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: �7 FES I I UTILITY COMPANY: APPLICANT NAME: WrJ9 [ SG "' &ea"114ICANT PHONE: f? % — REQUESTED VACATION (applicant must check gLl that apply): -- Utility Easement Right-of-way for alley or streets and all utility easements located within the vacated right- of- way. Alley — Street right-of-way I have been notified of the petition to vacate the following (alley, easement, right-of-way), described as follows: General location / Address (referring to attached document- must be completed") Lar Z ** 231 5. RA`( Ave. FAYE-7TEVI c.CE AR KRolSAS 'f".aan TRAmS_ (ATTACH legal description Rd graphic representation of what is being vacated -SURVEY UTILITY COMPANY COMMENTS: _ • No objections to the vacations} described above. • No objections to the vacation(s) described above, provided following described easements are retained. (State the location, dimensions, and purpose below.) * No objections provided the following conditions are met: UTILITY APPROVAL FORM FOR RIGHT- OF- WAY & ALLEY, VACATION DATE: 2' d ct- 20 I O UTILITY COMPANY: AT & T — Sue Clouser Applicant Name: Applicant Phone: REQUESTED VACATION (applicant must check all that apply): ❑ Utility Easement ❑ Right-of-way for alley or streets and all utility easements located within the vacated right- of- way. ❑ Alley ❑ Street right-of-way I have been notified of the petition to vacate the following easements, described as follows: General location / Address: U See attached existing easements and proposed easement drawings for details. UTILITY COMPANY COMMENTS: ❑ Objects to the vacation(s) described above. p No objections to the vacation(s) described above, b y\ oL4czc.. k" GL' o c_u_vvt e-vM- ❑ No objections to the vacation(s) described above, provided following described easements are retained. (State the location, dimensions, and purpose below.) ❑ No objections to the vacation(s) described above, provided the following : of Utility Company Representative UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: 12/ 71t0 UTILITY COMPANY: Co X. C� ..mu.r:r R ''aal APPLICANT NAME: REQUESTED VACATION (applicant must check all that apply): APPLICANT PHONE: - Utility Easement - Right-of-way for alley or streets and all utility easements located within the vacated right- of- way. - Alley - Street right-of-way I have been notified of the petition to vacate the following (alley, easement, right-of-way), described as follows: General location / Address (referring to attached document- must be completed") *r (ATTACH legal description and graphic representation of what is being vacated -SURVEY) UTILITY COMPANY COMMENTS: • No objections to the vacation(s) described above. • No objections to the vacation(s) described above, provided following described easements are retained. (State the location, dimensions, and purpose below.) • No objections provided the following conditions are met: L. Si e of Utility Company Representative �c�a%c i�ra in C��✓ Title July 2009 \ Page 5 UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: UTILITY COMPANY: Il EP — 54%Fi' W / � POLIWC / PHONE: U ` APPLICANT NAME: W ��C✓CI� APPLICANT PH6NE: y%9 � % y'r� rs� 7 REQUESTED VACATION (applicant must check all that apply): Utility Easement Right-of-way for alley or streets and all utility easements located within the vacated right- of- way. Alley Street right-of-way I have been notified of the petition to vacate the following (alley, easement, right-of-way), described as follows: General location / Address (referring to attached document- must be completed") (ATTACH legal description and graphic representation of what is being vacated -SURVEY) UTILITY COMPANY COMMENTS: • No objections to the vacation(s) described above. • No objections to the vacation(s) described above, provided following described easements are retained. (State the location, dimensions, and purpose below.) • No objections provided the following conditions are met: UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: 12% 7%t0 UTILITY COMPANY: Abe APPLICANT NAME: W f 0 APPLICANT PHONE: REQUESTED VACATION (applicant must check all that apply): X Utility Easement Right-of-way for alley or streets and all utility easements located within the vacated right- of- way. Alley Street right-of-way I have been notified of the petition to vacate the following (alley, easement, right-of-way), described as follows: General location / Address (referring to attached document- must be completed") (ATTACH legal description and graphic representation of what is being vacated -SURVEY) UTILITY COMPANY COMMENTS: • No objections to the vacation(s) described above. • No objections to the vacation(s) described above, provided following described easements are retained. (State the location, dimensions, and purpose below.) • No objections provided the following conditions are met: AXW July 2009 Pace 5 UTILM APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: /2I7/ 10 UTILITY COMPANY: APPLICANT NAME: APPLICANT PHONE: REQUESTED VACATION (applicant must check all that apply): — Utility Easement Right-of-way for alley or streets and all utility easements located within the vacated right- of- way. — Alley Street right-of-way I have been notified of the petition to vacate the following (alley, easement, right-of-way), described as follows: General location / Address (referring to attached document- must be completed") *r (ATTACH legal description and graphic representation of what is being vacated-SURVEIj UTILITY COMPANY COMMENTS: • No objections to the vacation(s) described above. • No objections to the vacation(s) described above, provided following described easements are retained. (State the location, dimensions, and purpose below.) • No objections provided the following conditions are met: �z Si of t lity Company Representauvc P "Title Judy 2009 Pave 5 DATE: I.— I() - UTILITY UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS 736I.C( VJQske r PeQyCl�n APPLICANT NAME: Wre (T J" J Oc'"'Ai°PLICANT PHONE: REQUESTED VACATION (applicant mast check all that apply): Utility Easement Rig it -of -way for alley or streets and all utility easements located within the vacated right- of- way. Alley Street right-of-way I have been notified of the petition to vacate the following (alley, easement, right-of-way), described as follows: General location / Address (referring to attached document- must be completed") '2 3 -1 S. Kam, 4J e (ATTACFI legal description and graphic representation of Jvhat is being vacated -SURVEY) UTILITY COMPANY COMMENTS: ( • 1 No objections to the vacation(s) described above. • No objections to the vacation(s) described above, provided following described easements are retained. (State the location, dimensions, and purpose below.) • No objections provided the following conditions are met: Signature of Utility C4 tcepresentative UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: Z `ltz/l UTILITY COMPANY: O1ZZ�i¢<rr>`trI'A"- l61 di, 3J� APPLICANT NAME: �fe f ! APPLICANT PHONE yY� 7f f REQUESTED VACATION (applicant must check all that apply): - Utility Easement - Right-of-way for alley or streets and all utility easements located within the vacated right- of- way. Alley Street right-of-way 1 have been notified of the petition to vacate the following (alley, easement, right-of-way), described as follows: General location / Address (referring to attached document- must be completed") (ATTACH legal description anti graphic representation of what is being vacated -SURVEY) UTILITY COMPANY COMMENTS: (• / No objections to the vacation(s) described above. • No objections to the vacation(s) described above, provided following described easements are retained. (State the location, dimensions, and purpose below.) • No objections provided the following conditions are met: TayeVKA NSAS PC Meeting of March 14, 2011 THE CITY OF FAYETTEVILLE, ARKANSAS 125 W. Mountain St. Fayetteville, AR 72701 PLANNING DIVISION CORRESPONDENCE Telephone: (479) 575-8267 TO: Fayetteville Planning Commission FROM: Dara Sanders, Current Planner THRU: Jeremy Pate, Development Services Director DATE: March 7, 2011 VAC 11-3769: Vacation (237 RAY AVE/BRACEY, 526): Submitted by JOHN BRACEY for property located at 237 RAY AVENUE. The property is zoned R-PZD, RESIDENTIAL PLANNED ZONING DISTRICT TIMBER TRAILS and contains approximately 0.15 acre. The request is to vacate a portion of a utility easement. Planner: Dara Sanders Findings: Property Description: The subject property is located at 237 Ray Avenue, east of Happy Hollow Road, in the Timber Trails neighborhood, and is developed for a single-family home. The surrounding land use and zoning consists of single-family residences. A recent survey of the home conducted as part of a real estate transaction revealed that the overhang of the home encroaches into one foot of a general utility easement on the east side, as well as the required front setback and north side setback. The survey also reveals that a wood deck was constructed without a building permit to encroach into the required north side setback and over the property north property within the tree preservation/common area. To resolve this issue, the applicant is required to remove the deck or obtain approval of a property line adjustment, vacate the tree preservation area, and request a variance from Board of Adjustment for the front and side setback requirements. Request: The applicant's request is to vacate a portion (178.7 square feet) of a utility easement. The applicant has submitted the required easement vacation notification forms to the utility companies and to the City with the result summarized below. UTILITIES Ozarks Electric No Objections Cox Communications No Objections Southwestern Electric Power Company No Objections Arkansas Western Gas No Objections AT&T No Objections CITY OF FAYETTEVILLE: RESPONSE Water/Sewer No Objections Transportation No Objections Solid Waste No Objections Engineering No Objections Public Comment: No public comment has been received. Recommendation: Staff recommends tabling VAC 11-3769 to the March 241h Planning Commission meeting to allow staff and the applicant to address the issue of the tree preservation area and setback encroachments. CITY COUNCIL ACTION: Required PLANNING COMMISSION ACTION: Required Planning Commission Action: ❑ Forwarded ❑ Denied ❑ Tabled Date: March 14, 2011 Motion: Second: Vote: Note: Timber Trails 5ubd. Fayetteville, AR Jan Brittenum Gonst, October 10, 2009 A DING$ FETy� LE VIgNNING DIVISION PLOT PLAN Setbacks: Front: 20' Rear: 20, Side: b' PRECISON LAYOUT, INC. P.O. BOX 10106 FAYETTEVILLE, AR. JKE7949ea YAHOO.GOM CELL: 419.541.4614 �.T nn lz S>rO O y S O GO r-1 u^u ypi OIL - �O�i�� o rOA✓.. O~ A"��On JjVL- "�Lp✓>Yn > �Kn GSp➢ ➢_ EXHIBIT "A" 2 n o+❑ �nn> waA f FOV 1 bOS K flw�w In O Y.0 vy��m w'j jCy��un µ5. Ov 52 z ommWa CFO z `�o G i. NDSLY c AssoCA Irs TRAILS s� Tpycy4<'J OC'. ;J Y 'n C OOn n.-3 C SyJy%S� i 0 -. v yYHr.y_p o" O _pm O nn 0 o Sk 1 s o�I yy r' '0G m E m'n el o - � o > r--= n -.a 1 1 PORCH „J, =s WW u F_ V1 r � lid y ---It"', U: C'UR13 Cn.—'--- RAYAiNU6 - 30ASPIlAL_ 1'-$O R/W '------ (LID, ---INv • rt 9 moon l� xmnn r •L� �T...x. vemx CD It"'R11.11.ALA u LC7 CmL, I.p6V.\Lrn4t �nuL L�Ir NORTHWEST ARKANSAS NEWSPAPERS Northwest Arkansas Democrat Gazette The Morning News of Springdale The Morning News of Rogers Northwest Arkansas Times Benton County Daily Record 212 North East Avenue, Fayetteville Arkansas 72701/ PO Box 1607, 72702 PHONE: 479-571-6421 AFFIDAVIT OF PUBLICATION MAY 04 2011 CITY OF FAYETITEVILLE CITY CLERK'S OFFICE I, Cathy Wiles, do solemnly swear that I am Legal Clerk of the Northwest Arkansas Newspapers LLC. Printed and published in Washington & Benton County, (Lowell), Arkansas and that from my own personal knowledge and reference to the files of said publication, the advertisement of: City of Fayetteville- Ordinance #5400 April 28, 2011 Publication Charge : $84.30 Signed: Subscribed and sworn to before me This 3 day of Moy 2011. Notary Public My Commission Expires: J�'1w4a4�, v1 ,�...,n�toi: Caufly S CU?..,i,5w�Nua-b<< 123"id647 Nuta, y Public - AfKaL3aS My Commission Expires Jan. 20, 2020 Do not pay from Affidavit, an invoice will be sent MAY 0 4 2011 CITY OF FAYETTEVILLE. CITY CLERK'S OFFICE ORDINANCE NO. 5400 AN ORDINANCE APPROVING VAC 11-3769 SUBMITTED BY 7 RA BRACEY FOR PROPERTY aye evIe LOCATED AT 237 RAY AVENUE TO VACATE A PORTION. OF A UTILITY EASEMENT, A TOTAL OF 176.7 SQUARE FEET. eaxAall AS WHEREAS, the ary Counci has the authority under A.C.A. § 14-54-104 to vacate public growls or portions thereof which are not required for corporate -purposes; and WHEREAS, the City Council has determined that the following describetl portion of the plat- ted utility easement is not required for corporate purposes, NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council Of the Ciry Of Fayetteville, Arkansas hereby vacates and abandons the following utility easement M described in Exhibit B (attached), Section 2. That a copy Of this Ordinal duly certified by the City Clerk along with the map attached and labeled Exhibit A shall be filed In the office of the Reconder of the County and AsOurletl in the Dead Records of the County. Section 3. That this vacation approval is subj%t to the following Conditions Of Approval and shall not be in effect until those conditions are met: 1. The applicant shell remove the portion Of the deck that crosses the north property line and encroaches into the Use preservation area poor to the acceptance of this utility ease- ment vacation. - 2. Prior to removal of the cook, the applicant shall Obtain Board of Adjustment approval of a variance request to bring the deck and home into compliance with the bulk and area require- ments of the underlying zoning district. PASSED and APPROVED this 19th day Of April, 2011. APPROVED: ATTEST: By: LIONELO JORDAN, Mayor SONDRA E. SMITH, City CIerWTreasurer Exhibits for this ordinance may be viewed in the office of the City Cark/7wsurer.