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Variance 5-2023 522 S. 4th Turf Pest ProCity of Van Buren Variance Application VARIANCE NUMBER: 5 Brixey Engineering & APPLICANT NAME: Land Surveying, Inc. TELEPHONE NUMBER: 479-646-6394 ADDRESS: P.O. Box 6180, Fort Smith, Arkansas 72906 PROPERTY OWNED BY: Able Real Estate LLTELEPHONE NUMBER: 479 651-5582 Andy ADDRESS: 522 S. 4th Street COUNTY ASSESSOR'S PARCEL NUMBER: 700-00618-000-C / 700-00619-000 VARIANCE REQUESTED: Reduce Street Side Setback to 10' from 20' on Sycamore APPLICANT SIGNATURE: ' PLANNING DEPART ENT PROVIDES: PRESENT ZONING: C -oL DATE FILED 15, 2023 PUBLIC HEARING DATE: C 207,3 APPLIC TION F E: '� 15D cite DECISION OF BOARD OF ADJUSTMENT: ofAf)P yF DATE: U (.P to to j2j)23 AUTHORRATION OF AGENT We The Undersigned, being owners of or have Interest in Real Property Looted at 522 S. 4'" Street In Van Buren, AR, Parcel Numbers 700-00618.0o0-c and 700-00619-000 are Requesting a Street side Variance In the Setback by application and do Hereby authorize En�gln=erina and Land Surve"ng to act as our agent in the Matter. i �j/ Turf & Pest Pro USA, Inc Raymond Harvey, Manager Turf & Pest Pro USA, Inc Nathan Riggs, M<nager Turf & Pest Pro USA, Inc Geoff Starts, Manager Date Date Date AUTHORIZATION OF AGENT We The Undersigned, being owners of or have interest in Real Property Located at 522 S. 4`^ Street In Van Buren, AR, Parcel Numbers 700-00618-000-C and 700-00619-000 are Requesting a Street side Variance in the Setback by application and do Hereby authorize Brixev Engineering and Land Surveying to act as our agent in the Matter. A61e Real Estate, LLC Gary J. Lipe, Manager Moxie Ventures, LLC Andy L. Knox, Manager Date VBrixey Engineering J & Land Surveying, Inc. May 13, 2023 Van Buren Board of Adjustment 1003 Broadway Van Buren, Arkansas 72956 RE: Variance Application for Street Side Setback 522 S. 411 Street Lots 3, 4 & 5 Block 58 Original Town of Van Buren Dear Members of the Board of Adjustmeht: The current and future owners of the property located at 522 S. 4s' Street identified as the County Assessor's Parcel 700=0061&000-C and Parcel 700-00619-000 are requesting a Variance to reduce the Street Side Setback to Ten feet (10') from the designated Twenty feet (20) along the Side Street known as Sycamore Street. Authorization of Agent letters are attached from the current and future owners with interest in the property. (Proposed Real Estate closing date of 5/1912023) The subject property is legally described as: Lots 3 arid 4 Block 58 Original Town of Van Buren and also Lot 5 Block 58 Original Town of Van Buren. The subject property is Zoned C-2 Thoroughfare Commercial District. There is currently a vacant existing 5114 Sq. Foot Commercial Metal Shop building located on the subject property. The existing building overlaps the designated 20' Street Side setback line along Sycamore Street. The approval of a variance to reduce the setback to 10' wide will eliminate the overlap. The future owner hopes to eventually build an addition to square up the building and will use the building for a Turf & Pest business. The proposed addition would yield to the new 10' setback. Your consideration and approval will be greatly appreciated. Sincerely, Chad Brixey, P.E., R.L.S. Brixey Engineering & Land Surveying Inc. 5223 East Hwy. 45 Tel. 479.646.6394 P.O. Box 6180 Fax 479.646.6721 Fort Smith, AR 72906 consulting engineers www,BRIXEYENG.com land surveyors 4 / S P�9 q+"L \` t*gam kkk ati'►e a� psi • �s"�� \)\ 9 g �saa�a�aaa � p�1= � � ,� �,� �' 111 North 12'� Street •Van Buren, Arkansas 72956 PLANNING COMMISSION ZONING VARIANCE MEMORANDUM TO: PLANNING COMMISSION FROM: WALLY BAILEY, PLANNING DIRECTOR SUBJECT: 522 S. 4TI� STREET DATE: MAY 30, 2023 CC: PURPOSE: The applicants would like to construct an addition to the portion of the building that faces Sycamore Street so that the addition will match the existing building. This will require a variance from the street side yard setback from 20 feet to 10 feet. (see Brixey letter and site plan) APPLICANT: Brixey Engineering &Land Surveying, Inc. for Able Real Estate LLC (the future owner will be for a Tmi and Pest business) ZONING: C-2 Thoroughfare Commercial District SETBACKS: Front Yard: 25 feet or SO feet from C/L of street Side Yard: l O Teet Rear yard: 20 feet StreetSide yard: 20 feet from street property line or 35 feet from C/L of street LOT WIDTH: N/A LOT AREA: N/A VARIANCE REQUEST: The existing building cunently encroaches the required 20' setback, The applicant would like to construct an addition that will match the existing building line. This will require a variance from 20 feet to 10 feet. BOARD OF ZONING ADJUSTMENT POWERS: Article VIII Section 5 (31 Zoning Ordinance: To hear and decide applications for variance from the terms of this Ordinance incases where a specific place of property characterized by exceptional narrowness, shallowness or shape was a lot or record. at the time of adoption of this Ordinance; or where by reason of exceptional topographic conditions or other exhaordinary or k exceptional situations or conditions of a piece of property; provided that such relief may be granted without substantial detriment to the public good and without substantially impairing the intent and purpose of this Ordinance as specifically authorized in Article VI, Sections 1 and 3. COMMENTS: The variance does not appear to create any issues. Most if not all the existing buildings on Sycamore street encroach the required 20 feet setback requirement. (see google earth picture that is enclosed)