HomeMy WebLinkAbout188-06 RESOLUTION•
RESOLUTION NO. 188-06
A RESOLUTION TO GRANT THE APPEAL OF LINDA
MAYES AND TO GRANT THE REQUESTED LOT
SPLIT FOR A TANDEM LOT FOR LSP 06-2200
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS'
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby
grants the appeal of Linda Mayes from the Planning Commission's denial of LSP 06-
2200 and grants this lot split as a tandem lot subject to the Conditions of Approval
attached as Exhibit "A". ,aTmn„
it
PASSED and APPROVED this 7th day of November, 2006. r .. • G c'•��?
-V • 0p:
c :FAYETTEVILLE:
APPROVE 't• •'
%;y �•14,1tkoiSP�J�'�'•
By:
DAN COOD
Mayo
•
4
ATTEST:
By: aQ
SONDRA SMITH, City Clerk
4
EXHIBIT "A"
LSP 06-2200 (Mayes)
1
Conditions of Approval
1. City Council determination of a waiver request of Ch.166.08 F(1) requiring residential
lots in the City of Fayetteville Planning Area to have a minimum of 75 feet of frontage
onto an improved street. The City Council found in favor of this request.
2. A letter has been submitted by the owner indicating that a deed restriction would be
placed on the created lot (Lot 21-B) limiting development of this property to one
residential home if the lot split is approved. This requirement shall be noted on the lot
split document.
3. The applicant shall provide written approval from the Arkansas Health Department for
the any lot less than 1.5 acres in size prior to recordation of the lot split.
4. Prior to recordation of the lot split, the city shall ensure that public water is available to
each proposed lot. If a public main extension is required, this shall occur prior to
recordation of the lot split.
5. Adequate access shall be provided to each lot. A 30 -foot access easement shall be
provided over the driveway to access lot 21-B
6. The plat shall be revised to show the location and size of the existing public waterline
adjacent to the property.
7. Washington County Planning approval is required prior to recordation.
8. Plat Review and Subdivision comments (to include written staff comments provided to
the applicant or his representative, and all comments from utility representatives - AR
Western Gas, SWBT, Ozarks, SWEPCO, Cox Communications)
Fayetteville City Council,
aer)
/r4 -do
/,i nd4 016
APP -La`
This Letter is to inform the city council that Jim and Linda
Mayes would like to appeal the Planning Commission
decision to deny our Tandem lot split on Canvas Mt. Road
(LSP06-2200). Our lot is in the planning area east of
Fayetteville and we felt that the commission made their
decision on incorrect information that 3 of my neighbors
gave. We also believe the commission made an emotional
decision instead of a decision based on the facts. We are
legal in all aspects of a tandem lot and have met with
several different planners between the subdivision meeting
and the actual planning commission meeting. We felt like
we had satisfied all their concerns with our lot split. We
have the approval of 19 of the homeowners on Canvas Mt.
and we are legal with the city's requirements for a lot split
and for a tandem lot therefore we are requesting to appeal
this to the city council. Please put us on the next city
council meeting agenda and please inform us on when that
meeting will take place. Thank you for your help in this
matter.
Jim and Linda Mayes
445. N. Canvas Rd
Fayetteville, AR
Phone 442-0740
E -Mail (mayesji@msn.com)
•
RECEIVED
SEP 2 9 2006
CITY OF FAYETIEvi.,
CITY CLERK'S OFFIC
City Council Meeting of October 17, 2006
Agenda Item Number
CITY COUNCIL AGENDA MEMO
To: Mayor and City Council
Thru: Gary Dumas, Director of Operations �p
From: Jeremy C. Pate, Director of Current Planninga`
Date: September 27, 2006
Subject: Lot Split for Mayes Appeal (LSP 06-2200)
RECOMMENDATION
Planning Staff recommends denial of a lot split for Mayes located at 445 N. Canvas
Road. The request is to subdivide the 3.11 -acre property into two lots of 1.78 and 1.33
acres.
BACKGROUND
The subject property is Lot 21 of the Canvas Mountain Subdivision, located east of Starr
Drive, north of Wyman Road. This subdivision is located in the Planning Area.
Although portions of the property are located within an area encompassed within the
Hillside/Hilltop Overlay District, these regulations are not enforced in the County. A
single family dwelling, pool, and garage are located on the property. All surrounding
properties are within the Planning Area.
The applicant requests a lot split to subdivide the property into two lots of .1.78 -acres and
1.33 -acres. The 1.78 -acre lot complies with the city's requirement for a 75' lot frontage;
however, it does not comply with requirements for a 75' lot width..A waiver request to
allow a 30' lot width on a portion of the lot was requested. It is the intent of the owner to
sell the 1.78 acres for single family development, and a letter has been submitted
• indicating that a deed restriction would be placed on the new lot to limit development of
the property to one residential home.
DISCUSSION
Staff recommended denial of the lot split, finding that the proposed lot is not compatible
with the surrounding properties, particularly in size and manner in which it is being
subdivided, and does not meet the minimum Unified Development Code requirements for
bulk and area for a lot within the Fayetteville Planning Area The applicant requests a
waiver of Chapter 166.08 (F) Design Standards of the Unified Development Code, for
less than the required lot width. On September 25, 2006, the Planning Commission voted
8-0-0 to deny the proposed lot split.
City Council Meeting of October 17, 2006
Agenda Item Number
Public opposition and support has been expressed in the form of letters, petitions, etc. by
the adjacent property owners and the applicant (see attached materials). Three adjacent
property owners were present at the meeting to discuss concerns regarding this proposed
lot split.
BUDGET IMPACT
None.
•
ityettille
THE CITY OF FAYETTEVILLE, ARKANSAS
PC Meeting of September 25, 2006
PLANNING DIVISION CORRESPONDENCE
TO: Fayetteville Planning Commission
FROM: Suzanne Morgan, Current Planner
Matt Casey, Assistant City Engineer
THRU: Jeremy Pate, Director of Current Planning
DATE: September 20, 2006
125 W. Mountain St.
Fayetteville, AR 72701
Telephone: (479) 575-8267
LSP 06-2200: Lot Split (LINDA MAYES, 491): Submitted by BLEW, BATES & ASSOC. for
property located at 445 N. CANVAS RD. The property is in the PLANNING AREA and
contains approximately 3.11 acres. The request is to divide the subject property into two tracts
of 1.78 and 1.33 acres. Planner: Suzanne Morgan
Findings:
Property: The subject property is Lot 21 of the Canvas Mountain Subdivision, located east of
Starr Drive, north of Wyman Road This subdivision is located in the Planning Area. Although
portions of the property are located within the Hillside/Hilltop Overlay District, these regulations
cannot be enforced in the. County. A single family dwelling, pool, and garage are located on the
property. All surrounding properties are within the Planning Area.
Proposal: The applicant requests a lot split to subdivide the property into two lots of 1.78 -acres
and 1.33 -acres. It is the intent of the owner to sell the 1.78 acres for single family development.
A letter has been submitted by the owner indicating that a deed restriction would be placed on
the 1.78 -acre tract limiting development of this property to one residential home.
•
Background: On August 17, 2006, the Subdivision Committee reviewed a site plan proposing to
create a 1.5 -acre tandem lot with 0' lot frontage on Canvas Mountain Road..Chapter 166.08 Fl.
of the Unified Development Code requires a lot in the Planning Area to have a minimum 75' of
lot frontage on an improved street. The applicant requested a waiver of this requirement. The
Subdivision Committee forwarded the plat to the Planning Commission with a recommendation
for denial. The applicant recently submitted revised plans providing Lot 21-B with a 75' lot
frontage and a 30' lot width in a portion of the lot, which negates the need for lot frontage, but
requires a waiver for minimum lot width, also required at 75 feet.
•
Lot Width Requirements: City regulations for lots within the Planning Area require a 75' lot
frontage on a public street and a 75' lot width. The applicant has provided the 75' lot width for a
majority of the lot; however, the lot width narrows from 75' to 30' due to the location of the
existing single family dwelling and accessory structures on Lot 21-A. The applicant has
requested a waiver from the 75' lot width.
•
K: IReports120061PC Reports109-25-061LSP 06-2200 (Mayes).doc
The Canvas Mountain Subdivision is platted with a variety of lot shapes and sizes. The lots
north and south of this property are of similar size and shape. The Unified Development Code
states, "When a tract of land is subdivided Into larger than normal lots, such lots shall be so
arranged as to permit the logical location and opening offuture streets and appropriate
resubdivision of the lots, with provisions for adequate utility connections for such resubdivision"
(See Ch. I66.08F). It is apparent that the lots west of Canvas Mountain Road were platted larger
than normal lots; however, the lots were not arranged as to permit the logical location and
opening of future streets and resubdivision. Any subdivision of a 3 -acre similar to the
applicant's property will result in flag lots. Staff finds that the proposed lot is not compatible
with the surrounding properties, particularly in size and manner in which it is being subdivided.
Adjacent Master Street Plan Streets: North Canvas Road (Unclassified) No additional right-of-
way is required on this street.
Water/Septic Systems: The 1.78 -acre lot would have frontage on a public street and access to a
public water main. A private water line would be extended down the 30' lot width to serve
development on the 1.33 -acre lot.
During the initial review of the project, the proposed lots were 1.5 acres or greater, therefore not
requiring septic system permits. The revised site plan includes a 1.33 -acre lot which will require
Arkansas Department of Health approval for the septic system. Since there is already an
operational system on this lot, the applicant will need to provide proof from the Health
Department to ensure that there is sufficient room for an alternative system and the soils are
adequate. Written approval from the Health Department for the creation of the proposed 1.33 -
acre lot will be required prior to recordation of the lot split, should it be approved.
Subdivision Covenants: The City does not regulate orenforce subdivision covenants.
Recommendations and evaluations of development, including lot splits, are based on the
requirements of the Unified Development Code.
Public Comment: The Planning Division has received a petition signed by nearby lot owners
within the subdivision in opposition to the lot split, a letter from the attorney of an adjacent
owner with several concerns regarding the proposal, and information from the lot owner to the
west regarding the drainage and concerns that additional development will magnify the drainage
problems. The Planning Division has also received a petition in support of the lot split. (See
attached materials.)
Recommendation: Staff recommends denial of LSP 06-2200 finding that the subdivision of
land proposed is inconsistent with the surrounding lots north and south of the property within the
platted subdivision. Should the Planning Commission find in favor of the proposal and
recommend approval, staff recommends the following conditions:
Conditions of Approval:
1. Planning Commission determination of a waiver request for lot width requirements to
create a lot with 75' lot frontage on a public street with a 30' lot width. Of the two site
plans proposed by the applicant for approval, the first being a 1.50 acre lot with a 0' lot
width and the site plan with a 1.78 -acre lot with 75' lot width on Canvas Road, staff
K:IReports120061PC Repor1s109-25-061JSP 06-2200 (Mayes).doc
recommends approval of the former lot layout. Although this layout would require
extension of a public water main, it would not create a flag lot which could be further
subdivided in the future if a street were extended.
2. A letter has been submitted by the owner indicating that a deed restriction would be
placed on the 1 78 -acre tract limiting development of this property to one residential
home if the lot split is approved. This requirement shall be noted on the lot split
document.
3. The applicant shall provide written approval from the Arkansas Health Department for
the 1.33 -acre lot prior to recordation of the lot split.
4. Prior to recordation of the lot split, the city shall ensure that public water is available to
each proposed lot. If a public main extension is required, this shall occur prior to
recordation of the lot split.
5. Adequate access shall be provided to each lot. As shown on the revised lot split plat,
each lot has frontage and access to Canvas Road. If it is the applicant's desire that Lot
21-A retain access by way of the asphalt drive along the northern property line, an access
easement shall be provided over the driveway.
6. The plat shall be revised to show the location and size of the existing public waterline
adjacent to the property.
7. Washington County Planning approval is required prior to recordation.
Standard Conditions of Approval:
8. Plat Review and Subdivision comments (to include written staff comments provided to
the applicant or his representative, and all comments from utility representatives - AR •
Western Gas, SWBT, Ozarks, SWEPCO, Cox Communications).
Additional Conditions:
a.
b.
Planning Commission Action: O Approval X Denied El Tabled
Motion: (to Deny) Ostner
Second: Myres
Vote: 8-0-0
Meeting Date. September 25, 2006
Comments:
The "Conditions of Approval" listed in the report above are accepted in total without exception
by the entity requesting approval of this development item.
Signature Date
A: IReports12006IPC Reports109-25-0611_SP 06-2200 (Mai es).doc
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166.08 Design Standards
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(F) Residential lots. The use and design of lots shall conform to the provisions of zoning where
zoning is in effect. When no zoning applies, the following standards shall govern unless in
conflict with more stringent city or state regulations applicable to the use of individual
disposal systems:
(1) Bulk and area regulations:
(2) Size. The size and shape of the lots shall not be required to conform to any stipulated
pattern, but insofar as practicable, side lot lines should be at right angles to straight street
lines or radial to curved street lines. When a tract of land is subdivided into larger than
normal lots, such lots shall be so arranged as to permit the logical location and opening of
future streets and appropriate resubdivision of the lots, with provisions for adequate
utility connections for such resubdivision.
(3) Developments outside city developed to all inside the city standards. If the City Council
grants access to the City's sewer system pursuant to § 51.113 (C) and the
owner/developer agrees to petition for annexation as soon as legally possible and develop
the subdivision in accordance with all inside the city development requirements including
payment of all impact fees, the bulk and area requirements for this subdivision shall
conform to those within the city limits rather than those within the planning area.
K: IRepons120061PC Reporrs109-25-06VSP 06-2200 (hfayes).doc
City Limits
Planning
Area
Lot area
minimum
8,000 sq. ft.
10,000 sq. ft.
Lot width
minimum
70 ft.
75 ft.
Side setback
10 ft.
10 ft.
Rear setback
20 ft.
20 ft.
Frontage on
improved
street
70 ft.
75 ft.
Provided, a suburban lot may be developed as a
tandem lot in accordance with zoning, Chapters
160 through 165.
(2) Size. The size and shape of the lots shall not be required to conform to any stipulated
pattern, but insofar as practicable, side lot lines should be at right angles to straight street
lines or radial to curved street lines. When a tract of land is subdivided into larger than
normal lots, such lots shall be so arranged as to permit the logical location and opening of
future streets and appropriate resubdivision of the lots, with provisions for adequate
utility connections for such resubdivision.
(3) Developments outside city developed to all inside the city standards. If the City Council
grants access to the City's sewer system pursuant to § 51.113 (C) and the
owner/developer agrees to petition for annexation as soon as legally possible and develop
the subdivision in accordance with all inside the city development requirements including
payment of all impact fees, the bulk and area requirements for this subdivision shall
conform to those within the city limits rather than those within the planning area.
K: IRepons120061PC Reporrs109-25-06VSP 06-2200 (hfayes).doc
•
Jim and Linda Mayes Lot Split
445 N. Canvas
Fayetteville, AR 72701
Canvas Mt. Subdivision
Planning Area
1. We are Legal with lot minimum (10,000 sq. ft): 2 lots with 1 1/4
acres a piece one with 65,347.42 sq. ft. and one with 74,444.21
sq. ft.
2. Legal with width minimum (75 ft.) Both lots have 189.94 width
3. Legal with rear setback of 10 ft. The lots we are splitting have a
20ft. setback at the back and a 50ft. setback at the front
4. Legal with the side setback of 10 ft., we have 2011.
5. Not legal with the 7511. frontage which makes for a tandem lot.
A. We are legal with the frontage on a tandem lot, it requires a
minimum of 25 -ft. road frontage easement and we have 30-11.
road and utility easement
B. Tandem lots are required to have a paved drive with a
minimum of 25ft from the road. We have a 352.37 ft driveway
to the lot split with 160 ft. of pavement that has existed for 10
years. We have a beautiful wooded planter entryway at the -
street.
6. We are Legal with the utility easement. They have already
signed off on the lot spilt.
•
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7. We are legal with the sewer system. The lot has been approved
for a septic system.
8. Legal with the covenants of Canvas Mt. Subdivision. They call
for only the approval of the subdivider, which is Jim Lindsey.
•
We have a sign document from Jim Lindsey with his approval
of the tandem lot split. The homeowners were given legal notice
through the covenants. We have 19 signature of property
owners on canvas Mt. who approve. the lot split and 4 who
don't want to get involved. 3 ezR SOAK> 04,1
(U sistcT ou o lt_
9. We are legal with the title. Donna Stuart at Reality Title
Company has approved the title work.
Weare asking for the approval of this tandem lot split because we
are legal by the standards set by the city for tandem lots in the
planning area and for the following reasons:
a. There are 2 tandem lots in the subdivision already. Lot 3 Block
2(see enclosed plat) and one directly across the street from us
Lot 23 split off 3 lots which their only access to the city street is
through a road and utility easement. ( see enclosed Easement
Morrison/ Robertson Oil and Shirley Trust filed April 12th 2001)
b. The city has already .split off 2 lots in the subdivision ( enclosed
warranty deed Andre' Marc split his 3 acres into 2 1/12 acre
lots.) and Lot4 Block 2 split off21/2 acres
the J R. Arnold ( see attached form)
c. 16 out of the 32 lots in the subdivision are 1 % acres
d. lot 22 which is next to us has an easement dedicated to the city
fora city street( see enclosed easement Martin to City of
Fayetteville) through it to a 200 acre tract of land that the road
will extend to and could be developed into, at the minimum 200
houses and more 1ikd 000 house if the subdivider puts in the
drip system for sewer' Tim Conklin told this to us.
To: City of Fayetteville
Att: Jeremy Pate
Re: Lot Split Request
Please add as a deed restriction the following information: 445 N Canvas Rd Lot split for
Jim and Linda Mayes.
The new lot owner may only build one residential home on the property and must follow
canvas mountain covenants.
Please edit this to meet the city guidelines.
Sincerely,
Linda Mayes
C.�
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•
i
PROTECTIVE COVENANTS
CANVAS MOUNTAIN
A.Subdivision in
Washington County, Arkansas
Covering the following described property situated in...
Washington County, Arkansas, to -wit:
A part of the'Fractional Southwest Quarter of the
Southwest Quarter of Section 7, Township•16 North,
Range 29 West, and part of the Fractional Northwest
Quarter of Section 18, Township 16 North, Range 29
West, being more particularly described as follows,
To -Wit: Beginning at the Northeast corner of said
Fractional Northwest Quarter, asd running thence
S09051!41"W 1311.00' thence NO 03'53"W 659.18',.
thence 589051'41"W.�20.66', thence 50003'53"E
659.18', thence 58951'41"W 497.17', the8ce South -
1324.29', thence East 631.32', thence SO 83'53"E
1305.70', thence East 1343.39', thence,N8 03'53."W
1305.70', thence East 372.61', thence.ND 26'56"W
1329.90' to the Point of Beginning, containing 119
acres more or less.
___. _ KNOW ALL,.MEN DY THESE,PRESENTS, that as owners, Lon R. Farrell,
.7 a
W. Gel and "Mar3olene'babel; Cord'onA: "L'ong-and•-Jone11n1:ong; -------
and James E. Lindsey and Nita V. Lindsey, and James E. Lindsey.as'
subdivider of all the lots in Canvas Mountain Subdivision. in
Wasl4ngton County, Arkansas, hereby enter the following restrictive
coven'Sngsi'yith respect to. said subdivision.
(1). All lots in said subd-ivision shall" be'•residential lots,
and no structures,•shall be erectgd on any of said lots other
than one detached., single family dwelling to be used for residential
purposes. A guest house, cabana, and/or detached garage may be
allowed as long as it is in keeping with the architectural design
of said residence. Any dwelling house construction upon any -
lot.shall have at least 1400 square feet of heated area excluding
porches, garages and breezeways with at least 1200 square feet
on the ground floor.
(2) No vehicles may be parked in the streets of this
'subdivision. Lot owners shall provide sufficient off street
parking to accomodate the vehicles used by their family and
guests. Also, no semi -trailer trucks shall be allowed to park
overnight in said subdivision, either on the streets or on a
privately owned.lot. N abandoned...a toomoobiles or inoperable
automobi-l�s-7 y e stored on any lot in said subdivisi•--
(3) No lot shall bf p -se ivided or re -platted wit hgslSr4,(_
the prior written conse+it of the above named_ subdividezttL5LL
hirsuccessors -of'r assigns, and approval: o : the applicable local •
or governing authorities.
(4) No trade or business sha - o
in sa33-snbdi.S-azvn, nor snal anything be done or performed
thereon which may become an annoyance or nuisance to the neighbor-
hood or detrimental to the residential value of any lot in said
Subdivision.
-
(5) No trailer, mobile home, tent, shack, metal building or
other unsightly building or structure, temporary or permanent
other than the side family dwelling, guest house, cabana; andfer
detached garage as described herein, shall be erected or used as
a residence on aid lots.
e.-./
(6) Recreational and camping vehicles and trailers may be
stored and parked on the lots. However, these vehicles and trailers
shall be located behind the house, guesthouse, or'fence,-or in
or behind the garage, or otherwise screened so that they are not
readily visible from the street or adjoining lots. Screening
EASEMENT
FILED FOR RECORD
'01 APR 12 API 11 06
WASHii4CToh; CO AR
KNOW ALL MEN BY THESE PRESENTS: -8. STAMPS
That we, HOWARD KEITH MORRISON and LYNN C. MORRISON (by H.
Keith Morison, her attorney in fact under power of attorney recorded as instrument
#200016302 of the records of Washington County, Arkansas), husband and wife,
hereinafter called Grantors, for and in consideration of the sum of One Dollar ($1.00) and
other good and valuable considerations to us in hand paid by ROBERTSON OIL CO., - .
INC., an Arkansas corporation, and THE SHIRLEY FAMILY TRUST u/t/a dated June
27, 1997, hereinafter called Grantees, do hereby grant unto said Grantees, and unto their
heirs/successors or assigns, an casement for the purposes of ingress/egress and
underground utilities over and across the following described land, situate in Washington
County, Arkansas, to -wit:
An easement being 20 feet in width across Lot 23, Block 1, Canvas Mountain
Subdivision, Washington County, Arkansas, and being 10 feet each side of the following
described line; commencing at the NE corner of said Lot 23, thence South 88 degrees 28
minutes 39 seconds West 18.03 feet to the point of beginning, thence the following
bearings and distances; South 43 degrees 37 minutes 24 seconds West 108 84 feet, thence
South 67 degrees 22 minutes 37 seconds West 145.36 feet, thence South 77 degrees 17
minutes 44 seconds West 68.83 feet, thence South 88 degrees 50 minutes 00 seconds
West 203.98 feet to the right of way of North Canvas Road.
In mutual consideration of the foregoing easement, the parties acknowledge and
agree that they shall have such rights with respect to construction, operation, maintenance
and repair of said easement as are recognized by the laws of the State of Arkansas.
TO HAVE AND TO HOLD the said lands thereunto belonging unto the said
Grantees and their heirs/successors orassigns, forever.
Witness our hands and seals this t2 day of April 2001.
2M.4x0*(2),..7i'fi•—` (seal)
HOWARD KEITH MORRISON
t' e.•4 'y
�V SGX.e101itw— (seal)
LYNN C. MORRISON by
H. KEITH MORRISON, attorney
in fact
ACKNOWLEDGMENT
STATE OF ARKANSAS
ss.
COUNTY OF WASHINGTON)
On this It -day ofApril, 2001, before me, a notary public, personally appeared
Howard Keith Morrison and Lynn C. Morison, by H. Keith Morrison, her attomey in
fact, known to me to be the persons whose names are subscribed to the foregoing
instrument and acknowledged that they had executed the same for the purposes therein
set forth.
In witness whereof I hereunto set my hand and official seal the date above
L 0/3?:,
O1aR -
tpackkgsbilvi Rion expires:
101 1Vez-a-2-001
. o«cnu„
i,�,.
28
(Pagel of 1)
WARRANTY DEED
HUSBAND AND WIFE CONVEYING AS TENANTS 8Y
THE ENTIRETY, JOINTLY OR IN COMMON
KNOW ALL MEN BY THESE PRESENTS:
That w., ANDRE E. MARC SHIRLEY A. MARC
husband end wive. hereinafter idled Grantors.
For and in conskld.(bn d the sum 01 dm Dolor DISCI and Ma pond and
vababb censkiertlbn to me h hand paid by KENNETH LEE OSBORNE and
LORI ANN OSBORNE , HUSBAND AND WIFE
hereinafter seta Grantee. do hereby pant barbell and cel unlo the said Grantee
and Grantee's hobs and assigns. Ihn bhrwMg doscibed land, situate h
WASHINGTON County, Stale of Arkansas, IowC
rILUC TOR HUGH('
'96 PIAS 15 PI7 2 day
WASHINGTON CO AR
K. HARNESS
PART OF THE NORTHEAST QUARTER (NE 11A) OF THE NORTHWEST QUARTER (NW 114) OF SECTION
EIGHTEEN (18), TOWNSHIP SIXTEEN (16) NORTH, RANGE TWENTY-NINE (29) WEST, DESCRIBED AS
BEGINNING 253.5 FEET EAST OF THE SOUTHWEST CORNER OF THE SAID NORTHEAST QUARTER (NE
1/4) OF THE NORTHWEST QUARTER (NW 1/4), THENCE NORTH 300 FEET, THENCE EAST 215 FEET,
THENCE SOUTH 300 FEET THENCE WEST 215 FEET TO THE POINT OF BEGINNING, CONTAINING 1.48
ACRES, MORE OR LESS.
TO HAVE AND TO HOLD Inc sail bins and appurtenances derdnto bebryiw unto the sok Grantee and Granite's hob and assigns.
facever. Md we, the ash Grater. hereby covenant that we ere lawfully stied W aid lend ad premises, drat the same Is unencumbered.
d m B mercer I and ddend the Iib to IM said lands Idabel et butt chins whatever.
And we. the respxlls Grata; hereby mina v%4 nenquIsn pato the saki Grantee ow respective dowvhul.sy and hmnsleed'n
and to IS lands.
WITNESS tun hands d stab on Mb 14th day el
THIS INSTRUMENT PREPASED BY:
PLEASE NAIL TAX STATFMENt T'0:
BANCOXLiBOMA MORTGAGE COPA.
P. O. BOX 35688
TULSA, OK 74153
It
March 1996 .
pal m`:
m
Veer do- asc % o'
codw
e1 oo_N
oalpa
�.1-. :Tel
At1"ry 41i1 CKNOWLEDGMENT
ANDREE. MARC
(Sep
A.e to
N* -.-FA raid y k F.aa 7JfS.�.11
SHIRLEY A. MARC
(SW
STATE OF ARKANSAS
COUNTY OF WASHINGTON
On this the 16th any of March 1996 . mlpa Ne, • notary pubic. personae/ ropend
ANDRE' E MARC end SHIRLEY A. MARC
know to me (or salLnaciorny prppnl to be the Anions whose names subscribed to the foregoing M Wment and tcknowlodpod Nal Ih.y
had e.dvted IM same' (, itheipurpeaw Mash sat tah.
In Wneu l eN'T>:r6a W o .911%hlnd and oboist seal
Mytommiis4WIreitO LSKIC2aI1f1
STATE OF ARKANSAS
COUNTY OF ..••••,
CERTIFICATE OF RECORD -
ss:
I - Ctcuk CM and E OW b Recorder Id the
County sloresa do hereby cwtly that the enromngnsd
d and bdnp umendl wriig was d Iw b record my Waco en the
day of al o'clock M., and the same h w cliff r¢dMd
vih IM MnewbgTrtenl d. . h Record Rook. al Paps NW .
IN WITNESS WHEREOF. I have Macula sad my hand and althea the set d sail Cern Ihb day of
1 wally under meRI d Su swea*,p hat L
IMP tha bcth OWE .w+ d dmtmenurc
ramps mm— m MIS bsnrmitl
a
Grdma G ; it 96015759
kw.,na.r Se^S
'1 x'101
"111124n
(Pagel of 1)
WARRANTY DEL
_HUSBAND AND WIFE CONVEYING AS TENANTS BY
THE ENTIRETY, JOINTLY OR IN COMMON
•
KNOW ALL MEN BY THESE PRESENTS:
That we, ANDRE' .E. MARC SHIRLEY A. MARC
husband end wile, hereinafter called Grantors,
for and I consideration of the sum of One Doltar (SI.00) and other good and
valuable consideration lo me in hand paid by RUSTON L. COLE and MARA
D. COLE , HUSBAND AND WIFE
•
hereinafter called Grantee. do hereby gran, bargain end sell unto the sald Grantee
and Grantees holy end assigns. the farrowing described land. situate In
WASHINGTON County. Stale of Arkansas. WWI:
PART OF THE NORTHEAST QUARTER (NE 1/4) OF THE NOR WEST QUARTER (114) OF SECTION
EIGHTEEN (18), TOWNSHIP SIXTEEN (16) NORTH. RANGE TWENTY-NINE (29) WEST, DESCRIBED AS
BEGINNING 466.5 FEET EAST OF THE SOUTHWEST CORNER OF THE SAID NORTHEAST QUARTER OF THE
NORTHWEST QUARTER; THENCE NORTH.300 FEET; THENCE EAST 215 FEET; THENCE SOUTH 300 FEET;
THENCE WEST 215 FEET, TO THE POINT OF BEGINNING, CONTAINING 1.48 ACRES; MORE OR LESS.
•
TO HAVE AND TO HOLD the said lands end appurtenances thereunto belonging unto the said Grantee and Grantee's heks and assigns,
forever. And we, the said Grantor, hereby covenant that weere lawfully seized of saki land and premises, that the same Is unencumbered
and Mai we will former warrent and defend the title to the said lands egainsl ell legal claims whatever. ..
Md we, the respectNe Grantors, hereby release and rellnqufsh unto the said Grantee our respective dawe(artesy end homestead In
end to SSM Lands.
WITNESS our hands d creels on this 25th day
THIS INSTRUMENT PREPARED BY: t'^
:^e^ d' eneN
htct!cott em o.' stay
r da[c'-'
tu'lall CmOVeI a•
hcac peen Vl�a�ccidYdpdb 1?3• m;!saNca -
ontae _
%IW1m
STATE OF ARKANSAS
COUNTY OF WASHINGTON
On this the 25th day of
ANDRE' E. MARC
• October 1995
ss:
October
know to me (or salisfactonly proven) to be the persons whose
had executed the same for the, purposes therein
In witness whereof 1 her... y hand and oKclal el.
STATE OF AR
COUNTY OF
NDRE' E. MAR .
(Seel)
(Seal/
SHIRLEYRC A �O tet.--04_,-�J _��Zs�er
-1‘2 4aNJre> y_tea„«
(Seep
WLEDGMENT
1995 , before me, a natant public. personally appeared
and SHIRLEY A. MARC
names subscribed to the foregoing Instrument and acknowledged That they
Notary Poona
ERTIFICATE OF RECORD
Ss
Circuit Clerk end Ex -Officio Recorder Lx the
County aforesaid, do hereby certify that the annexed and foregoing instrument of writing was filed for record In my office on the
day of at o'clock M., end the same Is now duty recorded
with the acknowledgment end certificate thereon. In Record Book, el Page
.IN wrTNESS. WHEREOF, f have hereunto ser my hand end affixed the seal of said Court This day al •v
F6e93.I.MO 11092)
6747
•
Cocoa Clark and &gnyo Recorder.
/5060702
(Pago1 of 1)
FILED FOR RECORD
WARRANTY DEED -
99 OCT 9 p� 2H ,and and Wife Conveying as Tenants by _
the Entirety, Jointly or hi Common
' WASHINGTON CO AR
KNOW AL1KMak Rtirs13-IESE PRESENTS:
That we, Gene W Arnold Jr. and Karen D. Arnold, husband and wife, hereinafter called
Grantors, for and in consideration of the sum of One Dollar ($1.00) and other good and valuable
consideration to us in hand paid by David R. Faulkner, a dingle person, hereinafter called Grantee,
do hereby grant, bargain and sell unto the said Grantee and Grantees heirs and assigns, the following
r
� described land, situate in Washington County, State of Arkansas, to -wit:
A part of Lot Numbered Four (4), Block Numbered Two (2), Canvas Mountain
Subdivision, a Subdivision of Washington County,Arkansas, as per plat of said
Subdivision on file m the Office of the Circuit Clerk and Ex -Officio Recorder of
Washington County, Arkansas, being more particularly described as follows:
Beginnirig at the Southwest corner of said Lot Four (4); thence N 00 degrees 11
minutes 57 seconds E along the West line of said Lot.Eour (4) 310.31 feet to a set
iron; thence S 89 degrees 53 minutes 36 seconds E 335.27 feet to a set irdn on the
East line of said Lot Four (4); thence S 00 degrees 04 minutes 24 seconds W 310.31
feet to the Southeast comer of said Lot Four (4); thence N 89 degrees 53 minutes 36
seconds W 335.95 feet to the point of beginning, containing 2.39 acres, more or less.
The above-described 2.39 acre tract being subject to .the Right -of -Way of Wyman
Road (County Road 48) and any other Easement and/or Right -of -Way of Record.
TO HAVE AND TO HOLD the said lands and appurtenances thereunto belonging unto the
said Grantee and Grantees heirs and assigns, forever. And we, the said Grantors, hereby covenant
that we are lawfully seized of said land and premises, that the same is unencumbered, and that we
will forever warrant and defend the title to the said lands against all legal claims whatever.
And we the respective Grantors, hereby release and relinquish unto the said Grantee our
respective dower/curtsey and homestead in and to said lands.
WITNESS our hands and seals on this. I -5—day of October, 1999..
Gene W. AmoIc�JT-=-'---' Karen D. Arnold
THIS INSTRUMENT PREPARED BY;
Richard L. Miller
Attorney at Law
P. O. Box 3354
Fayetteville, Arkansas 72702
ACKNOWLEDGMENT"
STATE OF ARKANSAS
COUNTY OF WASHINGTON
On this the 1st day of October, 1994, before me, a notar public, personally appeared Gene W.
Arnold Jr. and Karen D. Arnold, known to me (or satisfactorily proven) to be the persons whose
names are subscribed to the foregoing instrument and acknowledged that they had executed the same
for the purposes therein set forth.
In witness whereof 1 hereunto set my hand and official seal.
t. 4tt1
°•„My Ctonlrkidsion Expires: 7-3-0/
•
?tiff c,.
•
Notary Public
99090041
WARRANTY DEED
J Fj.JSBAND AND WIFE CONVEYING AS TENANTS BY
THE ENTIRETY, JOINTLY OR IN COMMON
KNOW ALL MEN BY THESE PRESENTS:
That we ROBERT E. MARTIN and JANFI•N MARTIN,
husband and wile, hereinafter called Grantors, or and in consideration of
the sum of One Dollar ($1.00) and other good and valuable consideration
to us in hand paid by MICHAEL B. CABBAGNO, JR., and MEILDY
F. CARFAGNO, husband and wife---------------
hereinaller called Grantee. do hereby grant. bargain and sell unto the said
Grantee and Grantee's heirs and assigns. the following described land.
situate in
Washillrjton County. Stale of Arkansas, to -wit:
F112± T. RECORD
'92 JUN 10 fill 8 98
l).1 CO AR
I.:.I E YE R
Lot Numbered TWenty-two (22) Block Nulrbered One (1), Canvas Mountain, a subdivision
in Washington County, Arkansas, as per plat on file in the office of"the Circuit Clerk
and EX -Officio Recorder of Washirgton County, Arkansas, subject to all roadways, easements
and restrictions of record.
•
'varvi/y
for no mat al �.
Om°
uni of
4d
yo//a1
d47,
O""me /`rey/y
in I, stamps
eel
lo
TO HAVE AND TO HOLD rhe said lands and appunenances thereunto belonging unto the said Grantee and Grantee's heirs and
assigns, forever. And we, the said Grantors. hereby covenant that we are lawfully seized al said land and premises, that the same
is unencumbered, and that we will forever warrant and defend the title to the said lands against all legal claims whatever.
Md we. the respective Grantors, hereby release and relinquish unto the said Grantee our respective dower/curtesy and homestead
in and to said lands. t
WITNESS our hands and seals on this g day of June
THIS INSTRUMENT PREPARED BY:
BAC, Fayetteville, AR
19 92
ERT E. MARTIN
�"\O.gi44
MARTIN
(Seal)
(Seal)
(Sod)
STATE OF ARKANSAS
County of _Washington
Robert E. Martin
ACKNOWLEDGMENT
ss. r�7�
On this the�_day of June 19 92 before me. a notary public. personally appeared
and Janeen Martin, husband and wife
ames subscribed to the foregoing Instrument and acknowledged that
know to me (or satisfactorily proven) to be the'" sa
they had executed the same for he pure ) aerates
in %Minds whereof I hereunto set my hand
. lL7
My Commission ExpIres
ary Public
92 28234
.1 ICA(:1' NO. ...... ..._. .. '
S'fr\Thi OF ARKANSAS
COUNTY OF WASHINGTON
• ,: WA _t, GRAN
KNOW ALL MEN RY MESE PRESENTS:
llsat fm and in consideration of
and oilier valuable considerations to the undersigned,
Robert E. Martin and Janeen Martin,
...
Husband and Wife
paid, the receipt of which is hereby acknowledged, the raid Grantor does hereby GRANT, SELL AND COVEY unto
the. City of Fayetteville, Arkansas, a municipal corporation (herein styled Grantee), its successors and assigns, the right
of way and casement to construct, lay, remove, relay, enlarge and operate a water and/or sewer pipe line or lints,
... .. manholes, and appurtenances thereto, on, over, across, and under tie following described real estate, to -wit:
PROPERTY DESCRIPTION: A part of the fractional Northwest Quarter of the
Southwest Quarter of Section Seven, Township Sixteen'North, Range Twenty—
Nine West.
EASEMENT DESCRIPTION: A permanent easement of 25 feet in width of equal
and uniform width and a temporary construction easement of 50 feet of
equal and uniform width. .Both easements running parallel with and
contiguous to the East right of way line of Joe Fred Starr Road.,
:n
r 4:
,
:o 7.-
w
0
'1'0 IIAVIi AN I) TO HOLD unto said Grantee, its successors and assigns, so Inng as suds pipe line -or lines, man•
hides and/or appurtenances thereto shall be maintained, with ingress to and egress from the real estate first fterci 1al,ove
luso ibcd
for the purpose of constructing, inspecting, maintaining nod repairing said lines, manholes and appurtenances
of (:mutee above described, and the removal, renewal and enlargement of such at will, in whole or in part.
'I Le said Grantor is to fully use and enjoy the said premises except for the purposes bcreiuhefore granted to the said
(:r:uw:c, which hereby agrees to bury all pipes, where feasible, to a sufficient depths so as not to interfere with cultivation
nl soil, and that ntanhohes will be constructed Rush with the surface of the ground except in bottom lands where they
dull Ise as a height above highs water, and to pay any damages which may arise to growing crops or fences frim the cnn-
' sI ruction, maintenance and operation as determined by three disinterested persons, one thereof to be appointed by the
said Grantor; one by the said Grantee; and the third by the two so appointed as aforesaid, and the written award of
sncli three persons shall be final and conclusive.
lite Grantor agrees not to erect any buildings or structures in said right of way other than fences and said fences
shall not exceed six (6) feet in height.
•I'lic Grantee shall have the right to construct additional pipe lines upon the above described easement at any time
in dm future and agrees to pay any damages as a result of such future construction as set out in this casement.
The consideration first nhove recited as being paid to Grantor by Grantee is in full satisfaction of every right hereby
graoted. All covenants and agreements herein contained shall extend to and be binding upon the respective heirs, legal
scpresentas icts, successors and assigns of the parties hereto. -
It is hereby understood and agreed that the party securing this grant in behalf of the Grantee is without authority
to make any covenant or agreement not herein expressed. - a
WITNESS the execution hereof This the asst
day - of ..._..y..-.TsUNEry. �_.... -y- ... .. .. ..,
(f oIl-l'' t C . I / /'Q/L(-G•2
air.
ACKNO WLEDGM}'NT
S'T'ATE OF. ARKANSAS t
C(If1rf1 !„ )F-WASI{INCTON r
f�r� j�-J�/
corimttssinikec7'ayll actings personally appeared/,} o*`"V'Co..721SC-ll�r-1 ). 44-e4.4J ((.e41-i(i} J to me well
• 1
'knuyn as ``h��jjl�e�sori(r) who executed the foregoing Rigl r of Way Grant,
-for slit' An ides-atitw and purpose therein mentioned sill set forth.
s y .
.' WITNJ S1ny hand and teal on tlsis `�" day of
9
"Wri1.l2rAt 818
klEC14.i.16E.MEMBERED, that on this da ,_Before me, a Notary Public within and for said County and State, duly
t: f
Fly commissiun expires .
fat .1 11/9e
....'had executed the same
t/) n,gt/
Notary oldie
•
(Page2 of 2)
•
FEB -20-00 03:07 PM
L EerL
,f RLE - FAY
ACKNOWLEDGMENT
'SI 443423s
RFATF.OF Lpa140f A.e.
: OmmTy F .n 3ercafrj,PO -
■ERREMEMBERED, Thn no else day came before me. the BMcsip'ed. a Nmacy NRilk. *Milo and far the
die • _PAUL C. 33011300.21 AND PATRICIA A. wORRV.A. _
may dejp Isla duW aemB f m the foregoing Decd. PtID GIFL bmew'tRInOWvn ate6mmm
---
uWriled dtal _ t oty _ bad teemed tic sore MCRc c denninn and P+Txe therein oaCmnd and ter
Sues
And onlhc"mealy atm wWmhiM mins &Tart nc. he aid MU. C. ;COWMAN AND PATRICIA A.
wokDw!. IIOSBARD MO Wirt
ser weir known and declared that dm lard. of their
chi own
aid Deed mll,f
amid said Deed and signed and scaled Ce etlmgbAr
tbmmd of m;'catmy and homestead m
the masidcrmim and proves Rana smuined and ss forth. *item campu1"°n or wda iddclK of toi'
WITNESS my hard nor teal an sea Notary Nbty nn Au _ l — - . of Wash-.
eampiderb
$pn.L ($ 7-c0
•
JOHN HAYHUHST
OOMM.11216389
DOWNIV®.IC- CALFORMA
SAN BEMORO OGOUITIY
Convrtssim Hires Aper 18.2003
•
2000016307
(Page 1 of 2)
FEU -20-06 es Y6 Ptl LEN
201dse5FY
TLTLE - FAY
NIR
LENDERS TITLE
COMPANY
WARRANTY DEED
W4— PAUL C. WORKMAN and PATRICIA A. WJRMpw
bmb+M and swift, for and in eunslittruicrsofdon=of Ten and Of LOP
oma Tabmbk axuldaaum m m in hard paid by
irpTPAlq_Awn sun ,hem_M1w tilled Gnats , the retains of which is birdie aciOlo'akdl'Od.
do Earthy FR baPaN,Wdlard roaatygnm Ormci_arid alga 3 C. Fabs and aniyn fumte-
*ct&lowingbod in W3.1il_Smal Coin*, Athos=
Lot Humbered T✓enty.Tbrea (231, Block Numbered One (I), Canvas Mountain, a
$Ybdlvinion in Bashingmn County, Arkansas. as per plat of said Subdivvttloo on tt
501443.436
P. 02
FILED FOR RECORD
'00 MA 3 API 8 04
WASHINGTON CO AR
K. HARNESS
and
STH ^fin si„�w �R�TL£�16188iS0Y._—.
file in the office of the Circuit Clerk and Ex -Officio Recorder of Washington
COunty. Arkansas.
subject to existing edsana Cs, building Iinea,
and ..assements of record, if nY.
f cord* ender penalty of fahc mooing to at lee We legally
hive Was pfmcd w this 'vemrment if mac down,
Cmazic Or AD=
Gaga% Address
TO HAVE AND TO HOLD Ibc xamcwunfamte 3 and ono brigs and assigns fm+tr,
old, sit acymosuncn draimra bcIo *C
IBA BotchytoveaantsidtGGnnln 3. that we will roma Wilma and defead the 'No to raid Panda'
ayaimsdl eli®swhatvc.
Md%t. PAUL C WORMS! rd PAtRICTn A BOREMAN
far Reconsideration eccsd bath, do hereby iekala all relinquish oma the said finrd a and cote
rises Y be(gsM asdim. all ilea right Won, erN-.y all honnead in and m said bods.
rnstrICtions
g
®5 5867
correei exclaim amount
coosideration peld
srcmareoB-�
70796/
0 kfe
WITNESS ouchwds and sash this
let
March
2019
day of
PAUL C. NORMAN
\ Wr:4, pedzsituu
PATRICIA A. 140P.04M1
2000016306
Page 1 01 1)
CcY
La/ /�
cep2102.5 in
's96 ' '253.5'
or
NEc, syf/[or
gat s Her Nrv4
iVoad
N ooesaToo' floors'
1
/
g %Yac7-
A
N Otr DO' OW tI0.o0' I N 00'00'o0'_1Y. t10. aV
a
LEGAL DESCRIPTION
TRACT A:
Part of the NE1/4 of the NW1/4,Section 18,T-1
na beginning 253.5 ft. East of the SW corner of t
NW1/4, thence North 300 ft., thence East 215 ft.,t
thence hest 215 ft. to the point of beginning,co
more or less.
TRACT R:
Part of the NE1/4 of the
no beginning 460.5 ft. East
NWl/A,thence North 300 ft.
thence West 215 ft: to the
more or leas.
NW1/4,Sectlon 10,T-1
of the SN corner of
,thence East 215 ft.,
point of beglnnlnP.,c
a
CJI3
a
6-N1R-29-W,descrlbed
he said NE//4 of the
hence South 300 ft.,
ntnining 1.40 acres,
6-N,R-29-W,described
the said NE1/4 of the
thence South 300 ft.,
ontnlning 1.48 ncren
•
SURVEYOR'S CERTIFICATE
•
I hereby certify that the survey platted and described hereon wns
completed under my supervision, and the cornet markers were set no
shown, to the beat of my knowledge and belief.
According to Flood Nap(FIRN,F118N), Community Panel No. 05143C0115 C.
,effective date 1991,this property in situated in Zone X.
'CLIENT: Andre Marc , Fayetteville,Arknnnas
COUNTY: Washington Date: February 11,1995
LEGEND
Found Stone Pound Iron Pin
Found concrete monument
-x ---x- Pence -- - - -- Right of Way Line
Set Iron Pin ---- Centerline
Scale: 1.in.= 100 ft. I I I
0 100 - 200
95013373
•: /UW(9ati 1•
��? 1 �ata
NJ 1'49
a la
vu
r
1:1
C
0
n
0
P p G1,0,1�1r1
MAR 1r`14-3 I{�UIII
WASH es�an ecillir(
_ PLANRI(c AOMIINIS11:GOR
(Paget of 1)
5-g Cor
La11 /6-
C
6C g /2s rn; .
!J
•
e
,5 frG • 253.5-
NFcor•sWd Gar
tot S /fed N(v4'
5-•a
c,a� a,)
N Weaoa t tlo.o
�.(�. •4
t
N
.7
0 Co
TRACT A:
Pact of the NE1/4 of the NW1/4,Section 10,T-16-N,R-29-0,described
on beginning 253.5 ft. East of the SW corner of the said NE1/4 of the
NN1/4,thenco North 300 ft.,thence East 215 ft.,thence South 300 ft.,
thence Nest 215 ft, to the point of beglnning,contoining 1.4R acres,
more or leso.
11 90* Off Or If tIo.00'
LEGAL DESCRIPTION
z<
oo•oo'ooet ti a. oo' �tn •
cn o
�o
TRACT R:
Part of the NE1/4 of the NN1/4,Soction 10,T-16-N,R-29-N,4escrihed
as beginning 46R,5 ft. East of the SW corner of the sold NE1/4 of the
NW1/4,thence North 300 ft.,thence East 215 ft.,thence South 300 ft.,
thence West 215 ft: to the point of heglnning,contnining 1.4E ncren,
more or leas. ,
SURVEYOR'S CERTIFICATE
•
•
I hereby certify that the survey platted and described hereon was
completed under my oupervision,ond the corner markers were set ea'
shown, to the best of my knowledge and belief.
According to Flood Map(FIRN,FIIfH), Commun.lty Panel No. 05143C0115 C,
,effective date 1991,this property is situated in,2one X.
'CLIENT: Andre Marc , Fayetteville,Arknnnas
COUNTY: Washington Date: Fehrunry 11,1995
LEGEND
Pound Stone Found Iron Pin
Found concrete monument
-x ---x- Pence -- - - -- Right of Way Line
Set Iron Lin ---- - ---- Centerline
Scale: •l -in.= 100 ft. I 1
0 100
95013373
I
200
•o13TeR'r7.,,`
J £StAttor'•1
Imo:•"n'cAnsAs ri:
:nes
i 1 ��A 0109.•:
I°I�p TGI' 0 d i
Ir wastimGION cOUNLY
PLANNING SgMINI2tta3R
Shackelford:
•
Y. °E a2 i td T n 0 cd Y .' ha) a) '-+ d 0 +4 `4-I s: N 8 O "�
G• .., uasocn .a. 0O yOcn Wh°J a U °_.4°C 0Y.cY PV O 0.1 �
`41
153 :� cnmv Y -0 E..' pjO ° °°' a
cd O U YO YO i G 4. C t G 2 .Y �) = E a2 8 .et ne y N OD -E N n T N N V
-a T O °' c0 .�'!- 0 c did •D rn c'-' E^ in y tri •C> In 0
EA y am' 3 n °' t .2 ... 7 8 0 o 0 "=' 'u 3 ,. CL( v v •5
y �' p, N 4) ° y0 P ° 0 ' 3 -- Z -y V fi ° 'O "" ° N
rn 3
UI 3
> 00 v 0 o i m a 3° s0 ° 0E o ° "� ..a9.0
0
o d c >• p00•20antiLIaw•aOt_c j° `n > O c..=Y> a^t y z • ° 0 cd _C y O2te'0 V6) vi N .0 C.4 W Yn C a) 'tri 4Qa° s..pmal ,ocd 0-) -0
CI)•on i j tl dio a ,-0 °i0 d 8 fort
No. ' s' ) ai
..0 Y .. 0 0 0 a° a 0 ''6O a m 0 4� a aa°.O <1.; "...°ova° ° .. on $ o an .r."3 b 6Tvn 0 � 0 —1on �)U 2C -' t ° °.?pN . • Ca ° a o
E 0
Ei
0 ti• n al
0 PC
°N0 'OO N CVa 0.0 Y E a) oc.0 C C '-'"' y . -C °..n F..°cdiw°v7)j� cd 282
O0 ° (" t NWY Ya a2 E gEi0 N Oy T O 0d
O 0n CG W tu .. +. id '0 ..— .) n. � -. ▪ • a) O N O .V•a/fl0aW% Y•pn .mo
0 n Y ad° En W¢Y aC 7 V A.0'' C n + •- b0 a) Vmac
C .
•
ad
1/40 •° Z a°' ° cis) o� d M 0 X r v o y.
rnn"' `"N°s vn ° < a°]�,ti "
( a R cn 'b o°v 0
c• by C G .D O - 3 aa) .L Y"°n ya' J) °H Rw ' C [° 0 a) O E .. tl •00 F. ' N O73 .Wov 00o°=y
v � E on0 30 N tr.1
LI n c3 vo °cU 'Y 2 roai ouav a a a ." a el T t m > 8ado a>. -0Y Y °:ti .
0 0z .Utt ca S al (93 2 3 a.)w 3 2-v 0.0 on E 0 .4
Planning Commission
.January 9, 2006
Page 66
CUP 06-1861: Conditional Use Permit (HENRY JORDAN, 366 Submitted by
WILLY BERCHTOLD for property located at 2150 N. LEVERETT AVENUE. The
property is zoned RMF -24, MULTI FAMILY — 24 UNITS/ACRE and contains
approximately 7.67 acres. The request is for a tandem lot.
LSP 05-1777: Lot Split (JORDAN RENTALS, 366): Submitted by BRIAN SCOTT
GEOMATIC CONSULTANTS, INC. for property located at 2100 LEVERETT AVE.
The property is zoned RMF -24, MULTI FAMILY — 24 UNITS/ACRE and contains
approximately 7.67 acres. The request is to divide the subject property into 2 tracts of
0.93 and 6.74 acres.
CUP 06-1860: Conditional Use Permit (HENRY JORDAN, 366 Submitted by WILLY
BERCHTOLD for property located at 2150 N. LEVERETT AVENUE. The property is
zoned RMF -24, MULTI FAMILY — 24 UNITS/ACRE and contains approximately 0.93
ACRES. The request is for a detached dwelling (existing) on the subject property_
Morgan: This property is located east of Leverett Avenue and extends north to the
terminus of the adjacent street. To the west of this property is Leverett
which is a collector street and to the north is a planned collector street on
the Master Street Plan. There is an easement for access to the north of this
property. It is currently developed for Multi Family Use. There are
apartment buildings on this property at this time. This applicant has three
requests submitted before you, the first if the conditional use; there is a lot
split request to create a 0.93 acre tract which will not have frontage on a
public right-of-way and therefore is a tandem lot; and there is a
conditional use request to erect a detached dwelling unit on this property.
These three items are being treated separately with separate
recommendations; however, they do tie in together in concept. Staff
recommends approval of the lot split with the approval of condition
requiring a conditional use to approve the tandem lot. This property will
contain a single family dwelling only. There are currently two structures
on the property — one of which will be utilized for the single family
dwelling; the second is currently a storage area It used to be a laundry
facility for the apartment complex. With regard to the conditional use
request for the tandem lot, which is item 18 on your agenda, Staff finds
that a tandem lot in this area is not an inappropriate use of the property,
and recommends approval of this conditional use with all conditions of
approval listed in the staff report. This action does create a non-
conforming structure; however, the building setbacks for a tandem are
twenty feet on each side, where not adjacent to .a right-of-way. The
existing structures on this property are the existing single family dwelling
unit which is closer than twenty feet to that side setback. Any
redevelopment or reconstruction of that structure would have to comply
with that non -conforming requirements of non -conforming structures or
they would need to see the Board of Adjustment for a variance of that
setback. The second conditional use request is to erect a second dwelling
unit on the property, not necessarily erect that second dwelling unit, but do
modify the existing storage unit to a second dwelling unit. While a second
Planning Commission
February 14, 2005
Page 16
Childers:
•
1-m <Barbara tiiiders,:'.I'm;.the.property .owner What I'm tpipposiagyto
build back. there. tor sq.R: log cabin,:houseknestledrinside•the trees
baok there to use
for-rental/roperty .I,agree *ith al of the,condmoiisof
thecity,,.: I don't know exactly what you want me to say about it. I would
,lust like to have a nice little home back there. I have deer that come back
there. I don't want to disturb them. I don't want to cut down anymore
trees than I have to. Moving it back further off the road is to
accommodate the conditions of having the lot moved back and combining
the two lots together I think is an even better idea.
Ostner. Thank you. At this point I will open it up to the public. Would anyone
like to speak to this CUP 05-1364? Seeing none, I will close it to the
public and bring it back to the Commission. Staff, have you heard from
any neighbors in the area?
Morgan: We have responses from three neighbors, two of which are in favor of this
request. One of which had several concerns with regard to traffic and has
submitted a letter, which is included in your staff report.
Clark: How many home owners are back there?
Morgan: At present there is one home, Ms. Childers' home, located to the south of
the lot and there are no homes located to the north.
Clark:
Morgan:
Clark:
Ostner.
Pate:
How many folks did you notify as immediate property owners?
Four.
Ok, I'm just trying to get it in perspective.
My question about the neighbors was going to this neighbor who was
worried about -traffic. Does staff feel that traffic is going to be a safe
situation if the Conditional Use is processed?
Yes Our findings indicate that the alley and street sections that we still.
use today the alley is essentially for vehicular access.` This lot m effect;
doetnotiiave frontage .because. the street in front: elif has t never been
connected` For instance, the hoines that do front onto Huntsville Avenue
all use this alley for access. I believe Solid Waste also utlizes this alley to
serve the residents there fronting on Huntsville Road as well. 1 know from
another application that was processed in a nearby vicinity, the Planning
Commission did tour through this alley with the bus and it was quite safe
in my opinion driving the bus.
Shackelford: I'm a little confused on condition of approval number three, a new access
drive shall.:be'paved a:miniinum 25' iti engtl is that length or width?
•
Planning Commission
February 14, 2005
Page 17
Morgan: That would be length. We would assure that the width of the private drive
to the home would satisfy any emergency vehicle requirements in order to
provide emergency service to this area.
Shackelford: It has to be built from the intersection of the drive to the intersecting right
of way. It is rare that we put a minimum length figure in there when we
are trying to build a road between two destination points so I was a little
confused by that.
Pate:
That is actually part of the findings, part of the requirements for a
Conditional Use for a tandem lot so that a standard driveway wilt be
constructed even though it does not have frontage onto a street. That is
part of the standard findings within the packet.
Shackelford: 1 find everything to be in line with staffs findings. I will make a motion
that we approve CUP 05-1364 subject to all stated conditions of approval.
Allen: Second.
Ostner. Is there further comment or discussion?
Anthes: Because we have a lengthy report in here that talks about cars blocking
drives and that sort of thing, can you state for the record and for anyone
watching, what the recourse people have if that is happening in their drive
lanes.
Pate:
I believe part of the recourse has already been taken. No parking signs
have been posted in this alley so that traffic trying to move along this alley
would not be impeded by parked traffic. The best way would be to call
the Police Department to report it if a vehicle was impeding traffic in that
location.
Ostner. Thank you. Is there further discussion? Could you call the roll please?
Roll Call: Upon the completion of roll call the motion to approve CUP 05-1364 was
approved by a vote of 9-0-0.
Thomas: The motion carries.
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Planning Commission
December 13, 2004
Page 6
LSP 04-1312: Lot Split (RON PAYNE #1, 5261565): Submitted by HOLLY PAYNE
for property located at 689 RAY STREET. The property is zoned RSF-4, SINGLE
FAMILY - 4 UNITS/ACRE and contains approximately 1.86 acres. The request is to
divide the subject property into 2 tracts of .30 AND 1.56 ACRES.
Ostner: The next item on our agenda is LSP 04-1312 for Ron Payne #1 if we could
have the staff report please .
Morgan: If you would allow me to address this as welt as the next two items, a
Conditional Use for Ron Payne as well as another Lot Split for Ron Payne
together. The applicant currently owns a piece of property that is 1.86
acres It is located west of Ray Avenue. The applicant, if you address
your survey which has been given to you, requests with this first Lot Split
that .3 acres be subdivided from the property to the north of the tract.
Additionally, they are requesting a Lot Split to create a 1.12 acre tract
which will have 25' of frontage and utilize property behind the .3 acre
tract to the north and a .44 acre tract to the south which currently houses
an existing single family home. The second proposal for the 1.12 acre
tract is to create a tandem lot, which would require the approval of a
Conditional Use. Staff is in support of the two lot split proposals as well
as the Conditional Use request for creation of a tandem lot. The lot in
question is a very large lot with quite a bit of property to the rear and south
of this lot. Staff finds that utilizing this area for development of a single
family home is appropriate in this area of town. There is an existing
school to the north of this property and those who develop this tract may
benefit from that service provided. Additionally, as part of the
Conditional Use approval we are to look at construction of sidewalk and
as a condition of approval for this tandem lot staff is recommending
construction of sidewalk along the 1.56 acre tract of property That has
been recommended by the Sidewalk Coordinator and would help facilitate
construction of sidewalks in an area which is needing sidewalks due to the
school and pedestrian traffic in that area. As I previously mentioned, we
are in support of both Lot Splits as well as the Conditional Use.
Ostner: Thank you. Is the applicant present?
Payne: I'm Ron Payne, the property owner. I am a licensed residential contractor
and plan to do the building on the site.
Ostner: Thank you. At this point I will open it up to the public. Would anyone
like to speak about these issues? We can talk about them together, we
need to vote on them independently but we are talking about two Lot
Splits and a Conditional Use, LSP 04-1312, CUP 04-1313 and LSP 04-
1343. We can take public comment on all three items at once. Seeing
none, I will close it to public comment and bring it back to the
Commission.