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HomeMy WebLinkAbout252-08 RESOLUTIONRESOLUTION NO. 252-08 A RESOLUTION TO GRANT THE APPEAL OF EDWARD HURLEY FOR LEVI PROPERTY LLC IN ADM 08-3152 AND GRANT THE VARIANCES REQUEST SUBJECT TO FIVE CONDITIONS OF APPROVAL WHEREAS, Edward Hurley d/b/a Levi Property LLC was not responsible for the previous owners' failure to comply with all design standard and landscape requirements; and WHEREAS, Edward Hurley has agreed to move a decades old fence which encroached upon street right-of-way, clear a vacant lot of trash and debris and landscape the lot, plant a continuous row of evergreen shrubs along Garland Avenue and otherwise comply with all Conditions of Approval. NOW, THEREFORE, 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 Edward Hurley, President of Levi Property, LLC in ADM 08-3152 from the Planning Commission's denial of his variance request. Section 2: That the City Council of the City of Fayetteville, Arkansas, hereby grants the requests from the commercial design standards and landscaping requirements conditioned upon five Conditions of Approval agreed upon by the Planning Department and the Levi Property LLC which are attached as Exhibit "A". A Certificate of Occupancy may be granted upon Levi Property LLC's successful completion of all such Conditions of Approval • PASSED and APPROVED this 16th day of December, 2008. APPROVED: By: DA COODY, Mayor ATTEST: ...k:G\%Y.OttSGS •p, =U• F. :FAYETTEVILLE: ii Iti.t.. 5 °� By: r\1i ) ? 111 x/ .• ... co co,. SONDRA E. SMITH, City Clerk/Treasuf@rinniyh"��,. CONDITIONS OF APPROVAL: ADM 08-3152 Page 1 of 1 Conditions of Approval for ADM 08-3152 (Levi Storage Center), as granted on appeal by the City Council. 1. The applicant shall relocate all existing fencing outside of the Master Street Plan right- of-way to the property line. 2. The applicant shall install a view -obscuring mesh -type material on the chainlink fence along Garland Avenue and Pettigrew Street. 3. The applicant shall submit a landscape plan for the undeveloped property located at the northwest corner of the Pettigrew Street and Stirman Avenue intersection that reflects the number of shrubs and trees required for Pettigrew Street and the number of street trees required for Garland Avenue. All landscaping shall be installed prior to the issuance of a Certificate of Occupancy. 4. The vacant lot shall be cleared of all trash and debris and shall be mowed and maintined in a park -like setting by the property owner. All barbed wired fencing shall be removed from this site. 5. The applicant shall install a continuous row of evergreen shrubs along Garland Avenue to screen the use from the public right-of-way. Levi Property, LLC 1800 Stltman, Fayetteville, AR 72701 479-595-0556 November 19, 2008 City Clerk, City of Fayetteville, AR Re: Appeal regarding Levi Storage Center RECEIVED /j) ��j Nov 2 0 2008 aso2. CITY EAY CITY OF CLERK'S OFFICE Ito a p31 Dear City Clerk's office, 1 am writing this letter requesting the city to allow me to appeal last week's decision by planning regarding the Levi Storage Center. If possible, could I be added to the December 16 council meeting? Several issues that needed to be discussed and never mentioned during planning were not brought up. It is my opinion that the bigger picture of my variance request can be acknowledged. The chief concern I have with the previous landscape plan submitted by the previous owner of Levi is that it very much hinders our business operation. The location of the 15' of landscape, as well as the movement of the forty plus year old fence to the true property line, would only give an extremely narrow passage for customers to get to their existing storage units. On top of that, it would eliminate the area where we keep the majority our Uhaul equipment. Since I bought the business one year ago, I have made a big financial and long-term commitment in the overhaul of the building (new roof, exterior painting, gates, HVAC units, new doors, etc.) as well as my focus on the growth of the Uhual business. 1 have even hired an additional employee to help with the increase in Uhaul business. It is very unfortunate that I had no idea of the failure to complete the 2005 landscape commitment by the previous owner. The city informed me just a few months ago that they had just found out. When 1 did my lengthy due diligence prior to the purchase in October of last year, the city was collecting taxes from the new buildings since 2005. So I had no reason to believe that everything wasn't compliant. By no means is my proposal to decrease any of the total amount of shrubs and trees from Mr. Benton's (previous owner) plans. It is just that both the urban forester, city staff, and I all agree that it makes so much more since to move most of the landscaping to the other lot between the row of houses and buildings. This change would be beneficial in numerous ways. 1. Instead of only one property line from the houses being screened (existing plans), now both property lines will be. A. Pettigrew with the green mesh on fence. B. Stirman Ave with the shrub and tree screening. 2. Lot on Stirman currently is an eye sore. It will become a park like setting where trees and shrubs will be able to thrive surrounded by soil instead of being only a few feet from total asphalt. 3. Levi Storage Center can operate to its fullest potential and not risk losing vital space for both storage and Uhaul. The majority of these concerns were not brought up in Planning last Monday. On Tuesday, Mr. Trumbo apologized for not giving me an opportunity to speak after it was discussed. He encouraged me to appeal to the council. I have also spoken with Brenda Thiel since who also supported the appeal. Lastly, one of the concerns brought up in Planning was that the existing fence on Pettigrew was (and has been for decades) in the city's property. It isn't noticeable by driving out there, but it is if you look at the survey. Mr. Benton's plans called for moving the fence back to the property line. 1 am more than happy to move it to the proper line. This will still leave just enough space for the business to operate successfully. It's the 15 feet of landscape after the move that becomes space problematic. I would have been happy to agree to that had I been given an opportunity to chime in at Planning. Thank you again for your consideration. Sirtcerel ward Hurley President, Levi Property, LLC City Council Meeting of December 16, 2008 Agenda Item Number CITY COUNCIL AGENDA MEMO To: Mayor and City Council Thru: Gary Dumas, Director of Operations }� From: Jeremy C. Pate, Director of Current Planning �` Date: November 20, 2008 Subject: Appeal for Levi Storage Center (ADM 08-3152) RECOMMENDATION The Planning Commission voted to deny the subject Administrative request, ADM 08-3152 Levi Storage Center, with a vote of 7-0-0. The applicant has appealed the Planning Commission decision to the City Council (see attached letter). Planning Staff and the Urban Forester recommend approval of the requested variances from Chapter 166.14 (Commercial Design Standards) and Chapter 177.04 (Landscaping Requirements), finding that existing site conditions will not reasonably allow for the required landscaping to be installed. Additionally, staff finds that bringing the existing non- conforming site into compliance with the screening and landscaping requirements of the Unified Development Code would require a large portion of the existing parking lot to be removed and would significantly limit access to the existing storage buildings (see attached images). The hardship imposed upon the new owner of this site would be such that substantial modifications to the buildings and/or operations would have to occur, in contrast to the amount of construction/improvements that were added to the site. BACKGROUND The subject property is located at the southwest corner of Pettigrew Street and Garland Avenue, south of 15th Street, and is developed for the Levi Storage Center - a storage facility and a U -Haul truck and trailer rental business. The site has historically been utilized for industrial uses. Surrounding land uses include single-family dwellings to the north and west, Great House Park to the east, and undeveloped University of Arkansas property to the south. Proposal: The applicant's request is three -fold: 1. The applicant requests a variance along Pettigrew Street and Garland Avenue from the parking lot landscape standards of Ch. 177.04 (D)(2) Landscape Area Requirements, which requires a 15 -foot wide landscaped area along the front property line exclusive of and adjacent to the Master Street Plan right-of-way. 2. The applicant requests a variance along Pettigrew Street and Garland Avenue from the parking lot landscape standards of Ch. 177.04 (D)(3) Street Tree Planting Plan Requirements, which requires 1 large species tree per 30 linear feet along the front City Council Meeting of December 16, 2008 Agenda Item Number property line to be planted in the required 15 feet of green space. 3. The applicant requests a variance for Pettigrew Street and Garland Avenue from the requirements of Chapter 166.14(D)(7) for screening a mini -storage facility, which requires all storage units and storage yards for mini -storage to be screened by view obscuring vegetation when the storage yards or the storage units have common property lines with any residential use or zone and when they have frontage on any public street. DISCUSSION This item was heard at the regular Planning Commission meeting on November 10, 2008. The Planning Commission voted 7-0-0 (Commissioners Graves and Myres were not present) to deny this landscape and screening variance request. Minutes from that item are attached to this report. Planning staff and the Urban Forester find that existing site conditions will not allow for the approved landscaping to reasonably and successfully be installed and maintained. Aerial imagery dating back to the 1980s indicate that a paved area abutting Pettigrew into the site has been utilized as a fenced off area for many years. The original chain Zink fence along Pettigrew Street and a portion of the parking is located within the City's right-of-way (see attached aerial image). As the plantings must be installed outside of the Master Street Plan right-of-way and in 15 feet of green space, a large portion of the existing parking lot would be removed and access to the existing storage buildings would be limited. As indicated in the attached diagrams, if the 15 feet of greenspace exclusive of the right-of-way is provided, the applicant would be left with a 10 -foot drive . aisle, essentially removing the ability to reasonably access the end units. In addition, the trees to be planted adjacent to Pettigrew Street would require a cut in the existing asphalt paving and possibly relocation of existing utility lines. The City's Transportation Division recently repaved this entire area with improvements to Pettigrew. Installation of street trees along Garland Avenue would interfere with the open ditch drainage located at the west side of the property. APPLICANT PROPOSAL In lieu of providing the required 15 feet of greenspace and landscape screening along Garland and Pettigrew, the applicant proposes to relocate the fence along Pettigrew to the right-of- way line and to place green mesh along the existing chain link fence to screen the storage buildings and the U -Haul trucks and trailers from the public right-of-way and the residences to the north. Additionally, the applicant proposes to install the trees and landscaping that are required on an adjacent vacant lot on Stirman Avenue, also owned by the applicant, to create a "park -like" setting. STAFF RECOMMENDATION Staff recommends in favor of the variance, with several conditions. First, the number of trees and shrubs required by ordinance and shown on the permitted landscape plan for Pettigrew Street and Garland Avenue shall be installed on the adjacent vacant lot located at the City Council Meeting of December 16, 2008 Agenda Item Number northwest corner of the Pettigrew Street and Stirman Avenue intersection and this lot shall be cleared of any trash, debris, barbed wire fencing, etc. The lot shall be kept clean and maintained regularly in a "park -like" setting. All barbed wire shall be removed from the property. Staff also recommends that the applicant install a continuous row of evergreen shrubs along Garland Avenue to screen the use from the street. And finally, staff recommends the applicant install a view obscuring mesh -type material on the chainlink fence along both Garland and Pettigrew to help screen the use from view of neighboring residents. The Urban Forester has visited the site and has recommended in favor of the variance request with conditions regarding the new plantings. Conditions of approval reflecting the above recommendations are included in the packet for review. BUDGET IMPACT None. CONDITIONS OF APPROVAL: ADM 08-3152 Page 1 of l Conditions of Approval for ADM 08-3152 (Levi Storage Center) 1. The applicant shall relocate all existing fencing outside of the Master Street Plan right- of-way to the property line. 2. The applicant shall install a view -obscuring mesh -type material on the chainlink fence along Garland Avenue and Pettigrew Street. 3. The applicant shall submit a landscape plan for the undeveloped property located at the northwest corner of the Pettigrew Street and Stirman Avenue intersection that reflects the number of shrubs and trees required for Pettigrew Street and the number of street trees required for Garland Avenue. All landscaping shall be installed prior to the issuance of a Certificate of Occupancy. 4. The vacant lot shall be cleared of all trash and debris and shall be mowed and maintined in a park -like setting by the property owner. All barbed wired fencing shall be removed from this site. 5. The applicant shall install a continuous row of evergreen shrubs along Garland Avenue to screen the use from the public right-of-way. a Trtye l e Y ARKANSAS THE CITY OF FAYETTEVILLE, ARKANSAS PARKS AND RECREATION DIVISION CORRESPONDENCE 113 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 444-3470 To: Fayetteville Planning Commission CC: Dara Sanders, Planner From: Greg Howe, Urban Forester Date: November 3, 2008 Subject: Levi Storage Variance to Landscape Requirements Mr. Hurley, President and owner of Levi Property, LLC d b.a. Levi Storage Center located at 1025 West Pettigrew Street has requested a variance to remove landscaping requirements along W. Pettigrew St. and transfer them to a small out parcel. Mr Hurley inherited this situation as part of his purchase of the business. Granting this variance would have certain economic value to the business as costly upgrades or changes to the property to install the landscaping would be required. While it is the intent of the Urban Forester a.k.a Landscape Administrator to follow Chapter 177 Landscape Regulations requirements doing so in this case would place the landscape trees and shrubs in a very undesirable environment. Trees and shrubs, if planted along the W Pettigrew St. frontage would be surrounded by asphalt. This would create a very hot environment, one inhospitable to plants even with irrigation. The Landscape Administrator understands this is a unique situation and therefore supports the granting of a variance that would allow Mr. Hurley to screen his business form residential use by placement of an opaque covering on the exterior of the chain link fence along W Pettigrew St. such as green material used to screen tennis courts. Additionally, the amount of landscaping that would have been required along W Pettigrew St. shall be transferred equally to the new out parcel site. If space would limit the number of plants in the out parcel then plant size should be increased to make up the difference. Planning Commission November 10, 2008 Page 1 of 16 MINUTES OF A MEETING OF THE PLANNING COMMISSION A regular meeting of the Fayetteville Planning Commission was held on November 10, 2008 at 5:30 p.m. in Room 219, City Administration Building in Fayetteville, Arkansas. ITEMS DISCUSSED ACTION TAKEN MINUTES: October 27, 2008 Page 3 VAC 08-3136: (CMN BUSINESS PARK LOTS 8 & 14) Page 3 VAC 08-3130: (SISEMORE / CHINA BERRY LN, 556) Page 3 ADM 08-3151: (ARMI CONTRACTORS, 643/604) Page 3 ADM 08-3127: (APPLEBY LANDING) Page 4 • CUP 08-3123: (PBI MEDICAL, INC., 563) Page 5 CPZD 08-3121: (CORE PET WELLNESS, 292) Page 6 DM 08-3152: (LEVI STORAGE CENTER) 7 CUP 08-3129: (COX COMMUNICATIONS FACILITY, 486) Page 9 RZN 08-3131: (NALL / JAMES ST., 404) Page 10 I-PZD 08-3062: (WESTSIDE STORAGE, 400) Page 12 Approved Forwarded Forwarded Approved Approved Tabled Forwarded Denied Approved Forwarded Forwarded A DVD copy of each Planning Commission meeting is available for viewing in the Fayetteville Planning Division. Planning Commission November 10, 2008 Page 7 of 16 New Business: ADM 08-3152• (LEVI STORAGE CENTER): Submitted by Edward Hurley for property located at W. 15T11 ST., S OF SCHOOL STREET. The property is zoned I-1, Heavy Commercial and Light Industrial. The request is for a variance from landscaping and street tree requirements in Ch. 177.04 of the U.D.C., Unified Development Code. Dara Sanders, Current Planner, gave the staff report, describing the history of the project development for mini -storage buildings, as referenced in the staff report. Sanders discussed the landscape variance requests and possible remedies for the site to be issued a Certificate of Occupancy. A variance request was submitted to the Planning Commission, the applicant coordinating with the Urban Forester, to propose an alternative screening option. The variance is to not plant the required trees and shrubs and provide 15 -feet of greenspace along the right-of-way of adjacent streets. The alternative option is to plant the required trees on an adjacent, vacant lot, and to help screen the mini -storage and Uhaul trailer storage, a mesh screening material would be added to the chain-link fence.. Based on the Urban Forester's recommendation, staff is recommending approval of the applicant's request, with conditions as listed in the staff report. Edward Hurley, applicant, stated he was the owner of the storage facility. 1 was surprised when 1 got the call from the City that the three newer storage buildings had never been issued a Certificate of Occupancy, and that in order to get that Certificate, all this planting was required. I'm going through this request even though the former owner is going to pay for any improvements that need to be done. I purchased the property after all of this happened. No public comment was received. Commissioner Lack stated he was not discotnpassionate about the position the applicant and fonner owner are in, but there was a legal, legitimate plan that was approved. Looking at the landscape plan, I see a spacing that is equal to access to the end units, and a large parking area for the U -I -taut facility still remains. 1 am not compelled to sell out the ordinance as it's written for business reasons. There would be some value to beautifying the property that is vacant, but it is still private, and not a public pocket park. The ordinance sets out the screening requirements for good reasons, and that will go further than them planting the single lot. I find myself in opposition to the administrative item, and feel the original landscaping should be installed. Commissioner Anthes stated she has concerns about the request as well. 1 do respect the plight of Mr. Hurley, but 1 more concerned about the request Anthes asked Kit about the use of public right- of-way for private function, how to formalize that. [The applicant's fence and parking ofUHauls is in the public right-of-way.] Kit Williams, City Attorney, stated he would prefer the right-of-way to be vacated if it's not being used by the public. Commissioner Anthes stated the street is constructed and being used. She asked about the City's role on keeping properties clean. Planning Commission November 10, 2008 Page 8ofl6 Williams discussed Code Compliance's operations and how it is a complaint -driven procedure. If neighbors are concerned, they usually will let the City know. Commissioner Anthes stated she had toured this lot, and found a site with barbed wire on chain link fences. 1 don't know what citizens are getting in this trade-off, when the lot should be kept up anyway. She discussed her concern with the proposed mesh screening on the fence as well. I find myself agreeing with Commissioner Lack, and will vote against this item. Motion: Commissioner Anthes made a motion to deny the request. Commissioner Lack seconded the motion. Upon roll call the motion was denied with a vote of 7-0-0. s aye evl e ARKANSAS THE CITY OF FAYETTEVILLE, ARKANSAS PC Meeting of November 10, 2008 PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Planning Commission FROM: Dara Sanders, Current Planner THRU: Jeremy Pate, Director of Current Planning DATE: Updated November 11, 2008 125 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 ADM 08-3152: Administrative Item (Levi Storage Center): Submitted by EDWARD HURLEY for a variance from Chapter 177.04 for the greenspace and street tree requirements and a variance from Chapter 166.14 for screening a mini -storage facility. Planner: Dara Sanders BACKGROUND Project Description and History: The subject property is located at the southwest corner of Pettigrew Street and Garland Avenue, south of 15th Street, and is developed for the Levi Storage Center - a storage facility and a U -Haul truck and trailer rental business. The site has historically been utilized for industrial uses. Surrounding land uses include single-family dwellings to the north and west, Great House Park to the east, and undeveloped University of Arkansas property to the south. In September of 2004, the previous owner of the subject property submitted a building permit request to construct 3 new storage structures containing a total of 24 mini -storage units in an existing parking lot used for parking U -Haul trucks and trailers. Prior to the use of the parking area for U - Haul, it was a parking lot for employees at the Levi Strauss Building. Upon staffs review of the request, it was determined that screening of the parking lot and storage building from the public right-of-way and the single-family dwellings to the north and street trees would be required in 15 feet of green space adjacent to Pettigrew Street (north) and Garland Avenue (west). In January of 2005, staff received and approved a landscape plan (included in this staff report) that complied with the. City's screening and street tree requirements, and a building permit was issued. In July of 2008, staff inspected the property at the request of the Building Safety Division, to close out the project and issue a Certificate of Occupancy. Staff found that the proposed and approved landscaping was not installed during construction of the new storage buildings. Images of the current site conditions are included in this staff report. The current property owner purchased the property in 2007 and was unaware that property did not comply with the Unified Development Code or that it was not constructed as proposed and approved during the permitting process for the 3 additional storage buildings. As a Certificate of Occupancy cannot be issued until the property is constructed as required by the Unified Development Code or until a variance request from the screening and street tree requirements is approved by the Planning Commission, the property owner has coordinated with K:IReports110081PC Reports121- November 19L7D,1108-3152 (Levi Storage CemerLdoc Planning staff and the Urban Forester to identify an appropriate solution. The existing site conditions will not allow for the approved landscaping to be installed. Aerial imagery dating back to the 1980s indicate that a paved area abutting Pettigrew into the site had been utilized as a fenced off area for many years. The original chain link fence along Pettigrew Street and a portion of the parking is located within the Master Street Plan right-of-way (see attached aerial image). As the plantings must be installed outside of the,right-of-way and in 15 feet of green space, a large portion of the existing parking lot would be removed and access to the existing storage buildings would be limited. Additionally, the trees approved to be planted adjacent to Pettigrew Street would require a cut in the existing asphalt paving and possibly relocation of utility lines. The City's Transportation Division recently repaved this entire area with improvements to Pettigrew. In addition, installation of street trees along Garland Avenue would interfere with open ditch drainage located at the west side of the property; therefore, the applicant proposes an alternative scenario, which would require Planning Commission approval of two variance requests. Proposal: The applicant's request is three -fold: 1. The applicant requests a variance along Pettigrew Street from the parking lot landscape standards of Ch. 177.04 (D)(2) Landscape Area Requirements, which requires a 15 foot wide landscaped area along the front property line exclusive of and adjacent to the Master Street Plan right-of-way. 2. The applicant requests a variance along Pettigrew Street from the parking lot landscape standards of Ch. 177.04 (D)(3) Street Tree Planting Plan Requirements, which requires 1 large species tree per 30 linear feet along the front property line to.be planted in the required 15 feet of green space. 3. The applicant requests a variance for Pettigrew Street from the requirements of Chapter 166.14(D)(7) for screening a mini -storage facility, which requires all storage units and storage yards for mini -storage shall be required to be screened by view obscuring vegetation when the storage yards or the storage units have common property lines with any residential use or zone and when they have frontage on any public street. The applicant proposes to place green mesh along the existing chain link fence to screen the storage buildings and the U -Haul trucks and trailers from the public right-of-way and the residences to the north. Additionally, the applicant proposes to install the trees and landscaping that are required for Pettigrew Street on an adjacent vacant lot that is also owned by the applicant. Staffrecommends that the number of trees and shrubs required by ordinance and shown on the permitted landscape plan for Pettigrew Street and Garland Avenue be installed on the adjacent vacant lot located at the northwest corner of the Pettigrew Street and Stinnan Avenue intersection and that this lot be cleared of any trash, debris, barbed wire fencing, etc. Additionally, staff recommends that the applicant install a continuous row of evergreen shrubs and a view -obscuring mesh -type material on the chainl ink fence along Garland Avenue to screen the use from the public right-of-way. The lot shall be kept mowed and in a park -like setting. The Urban Forester has visited the site and has recommended in favor of the variance request with conditions 8:IReportts1200811'C Reportsl21- November 1OIADM 08-3151(LeviStorage Center Like regarding the new plantings. Please see the attached report. RECOMMENDATION Recommendation: Finding that the request is not a result of the applicant's actions and that current site conditions complicate the applicant's ability to install the required greenspace, view obscuring vegetation, and street trees adjacent to Pettigrew Street, staff recommends approval of ADM 08- 3152 with the following conditions of approval: 1. The applicant shall submit a landscape plan for the undeveloped property located at the northwest corner of the Pettigrew Street and Stinnan Avenue intersection that reflects the number of shrubs and trees required for Pettigrew Street and the number of street trees required for Garland Avenue. All landscaping shall be install prior to the issuance of a Certificate of Occupancy. 2. The vacant log shall be cleared of all trash and debris and shall be mowed and maintined in a park -like setting by the property owner. 3. The applicant shall install a view -obscuring mesh -type material on the chainlink fence along Garland Avenue and Pettigrew Street. 4. The applicant shall install a continuous row of evergreen shrubs along Garland Avenue to screen the use from the public right-of-way. Planning Commission Action: ❑ Approved ❑ Tabled x Denied Motion: Anthes Second: Lack Vote: 7-0-0 Meeting Date: November 10, 2008 X:IReporis120081PC Reporrs121- November IOUDM 08-3152 (Levi Storage Center).doc Levi Property, LLC 1800 Stirman, Fayetteville, AR 72701 479-595-0556 October 14, 2008 City of Fayetteville Planning Commission Re: Issues regarding Levi Storage Center Dear City, My name is Edward Hurley, and one year ago I formed an LLC (Levi Property LLC) and bought the Levi Storage Center in south Fayetteville from Jim and Pam Benton. My wife and I move our three children to Fayetteville six hours away for this reason. The Levi center is off of Brooks and 15th St in an older area of the industrial side of town. Prior to my ownership, Mr. Benton had purchased the vacant and rat filled building in 2000. Prior to his purchase and years before, the building had years been a factory of Levi Straus where they produced blue jeans. For a long time, it had become a real nasty place. After Mr. Benton's purchase, he cleaned up the property and began leasing out the office space on the front and adding storage units in the interior of the approximate 60,000 ft building. A couple of months ago and nearly a year after my purchase, Linda Oestreich from the city called me to inquire about building permits. I didn't know what she was talking about. She informed me that in 2005, four exterior buildings were built in the front parking lot. Mr. Benton had applied for three foundation permits. Linda and I then figured out that Mr. Benton had finished the buildings, but separated one of them (the L shaped one) into two. Now there are four exterior buildings built to city specs, but he never went through the remaining permits when building them. You can image what a surprise this was to me. It had not been disclosed at any time to me. I feel like Mr. Benton may have possibly forgotten. The city came out and found the buildings were properly built, but Mr. Benton had submitted a landscape proposal as well in 2005, which was never done. Linda passed on a copy of the original landscape plans to me. Mr. Benton and I did meet with several members of the city staff to discuss what had happened. At the meeting, Mr. Benton admitted both confusion and the fact that he was at fault with dropping the ball in 2005. He paid all of the fees (and proper applications) with the permits. The problem is that the landscape plans he proposed in 2005 won't work for the site. The original chain link fence down Pettigrew is actually in the city's street property. The very narrow distance between the fence and the buildings is the access that storage renters use to get to their unit. It also serves as the area for the Uhaul equipment. The trees that show to be planted on the fence line would also have to be cut through asphalt on top of utility lines (one of which I am pretty sure is a gas line and is currently marked). The original tree proposal would also just about eliminate the possibility of keeping the Uhaul center. Having Uhaul has always been key element to the entire business. One of the reasons for the landscape is for screening. There are three very run down old houses (I do not own) across from the fence line. They currently serve as rentals, and unfortunately also require visits from the police far too often. Currently, when anyone leaves the front of the many other business offices at the Levi building (Lightning Electric, lawyer office, HVAC company, etc.), they look at one of the very run down rental houses and too often clothes lines half full of underwear. To the east of these houses is nasty looking lot (of which I own) that separates the eastern most house from Stirman and the front of the main building. I am asking the city to consider granting a variance. Could we put a green mesh type screening along the chain link fence line to create the screening from the three houses along Pettigrew This is where the original landscape was to be. Then on the vacant lot (which was not part of the landscape plans), we clean it up adding multiple screening trees, bushes, mulch, grass, etc. and make it look like a park. This would vastly improve the looks of the area It would actually serve the purpose of two different screenings of a business from residential. Jeremy Pate and Greg Howe went to the site and not only understood the dilemma, but also supported my idea should be requested for variance. I spent a ton of money on the purchase of Levi. Since then, I have put on a new roof on the front, am currently painting the exterior, cleaning up a multitude of areas, and spending tens of thousands in improvements. This benefits both the facility and the city. For what it is worth, I have not raised rent. It is unfortunate that Mr. Benton didn't do what was required three years ago. It was surprising and nauseating to say the least. Will you please consider this proposal? The end result will be a big benefit to the looks of the area. Sincerely, EhuM4 Haj Edward Hurley President, Levi Property, LLC (30ei / LANDSCAPE DE FOR JIM BENTOI STATE OF ARKA WASHINGTON C( CITY OF FAYETTI , .,, m LATITUDE: LONGITUDE: I VICINITY MA SCALE \ \ ,P 2 ( ) \ ! i ) ] % e ! , 0 \� / LANDSCAPE DE FOR JIM BENTOI STATE OF ARKA WASHINGTON C( CITY OF FAYETTI ,l111 g m LATITUDE: LONGITUDE: I VICINITY MA SCALE e 0 2111 i\) rop 0 ant . )\ ) a 1 \ , / /\4%a 0 §9§ d |g ,■ /: — !I, =,:e4a ' _ - m * 6_ . City of Fayetteville 113 West Mountain Fayetteville, AR 72701 (479)521-7700 Fax (479)575-8316 Building Review Detail Report Date 07/29/2008 02:06 PM Submitted By Page 1 Act # 14068 NP # 12692 Act Type PL PLANNING REVIEW Comments SITE PLAN NEEDS REVISED, APPLICANT HAS A MEETING WITH PLANNERS TO DECIDE WHAT ALL NEEDS TO BE DONE FOR THIS DEVELOPMENT. 9/ 15/04 LC 09-20-04 JP Met w/applicant; screening required from Pettigrew (north). Garland (west) and the adjacent residential lot. Buildings are to be moved outside of 50 - foot setback adjacent to RSF-4 lot. This project will be considered part of the entire Levi Strauss lot, for development purposes. May require floodplain development permit. .01/21/05 SM • Received call from Jim Benton (236-5462). Said that revisions had been submitted to Sharon Cook in Building Safety about one month ago and was wondering the status of the permit. After investigation. I found that permits had been denied and mistakenly assigned to LC. 01-21-05 JP Revised drawings submitted and reviewed. Ok to permit 7,LiT�p '?M1l urrkr)�U No board member data iropertyinfnrmation Address 1025 W PETTIGREW ST FAYETTEVILLE AR 72701 - Location # 2 -Appllcatloninfonnation Type MULTREVIEWMULTI-DIVISION REVIEW PERMITSPriorlty Type of Work NEW Dept of CommerceOTHER Square Footage 2400.00 Declared Valuation 12850.00 NP Name LEVI STORAGE CENTER Desc of Work 24 UNIT STORAGE BUILDING - CONSTRUCT FOUNDATION & METAL STORAGE BUILDING JnitiaL Reviow Issued Date/Time 09/07/2004 14:33 Issued By 286 ® System Generated Scheduled DatefTlme Scheduled By Q Waived Department 6300 Assigned To 2280 ISeylewJtesults Reviewed By 286 ® Approved Suspense Date Start Date/Time 09/15/2004 10:33 Completed Date/Time 01/21/2005 10:33 Actual Time 0.00 Comments SITE PLAN NEEDS REVISED, APPLICANT HAS A MEETING WITH PLANNERS TO DECIDE WHAT ALL NEEDS TO BE DONE FOR THIS DEVELOPMENT. 9/ 15/04 LC 09-20-04 JP Met w/applicant; screening required from Pettigrew (north). Garland (west) and the adjacent residential lot. Buildings are to be moved outside of 50 - foot setback adjacent to RSF-4 lot. This project will be considered part of the entire Levi Strauss lot, for development purposes. May require floodplain development permit. .01/21/05 SM • Received call from Jim Benton (236-5462). Said that revisions had been submitted to Sharon Cook in Building Safety about one month ago and was wondering the status of the permit. After investigation. I found that permits had been denied and mistakenly assigned to LC. 01-21-05 JP Revised drawings submitted and reviewed. Ok to permit 7,LiT�p '?M1l urrkr)�U No board member data Clarice Pearman - Res. 252-08 From: To: Date: Subject: CC: Attachments: Clarice Pearman Pate, Jeremy 12.22.08 12:16 PM Res. 252-08 Audit Audit Page 1 of 1 Jeremy: Attached is a copy of the above resolution passed by City Council regarding the Levi Property LLC appeal. Please let me know if there is anything else needed for this item. Thanks. Clarice file://C:\Documents%20and%20Settings\cpearman.000\Local%20Settings\Temp\XPgrpwise\494F8527F... 12.22.08