Fillable BOARD OF ADJUSTMENT VARIANCE (City of Fayetteville)

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BOARD OF ADJUSTMENT VARIANCE (City of Fayetteville)

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CITY OF FAYETTEVILLE, ARKANSAS
BOARD OF ADJUSTMENT VARIANCE
Please fill out the fields in Energov completely, supplying all necessary information and documentation to support
your request. Your application will not be placed on the Board of Adjustment agenda until this information is
furnished.
PLEASE NOTE: THE APPLICANT OR A REPRESENTATIVE MUST BE PRESENT AT THE BOARD OF
ADJUSTMENT MEETING.
1. Payment in full of applicable fees for processing the application.
$25.00 before a violation has occurred
$100.00 after violation has occurred
$5.00 sign fee
Attach the following items to this application in the Energov Forms page:
2. Legal description of property (may be found on deed or current survey of property). A survey (one
copy) may be required if the deed cannot be platted accurately.
3. Complete written description of this request addressed to the chair of the Board of Adjustment (what is
proposed by the applicant) to include:
▪ Building size in square feet; existing and proposed.
▪ Number of off-street parking spaces to be provided / number required.
▪ Variances being requested i.e., lot width, building setback, lot area, etc.
▪ Describe how the proposed variance meets each of the following criteria:
a. Strict enforcement of the zoning ordinance would cause undue hardship due to
circumstances unique to the individual property under consideration.
b. The applicant demonstrates that the granting of the variance will be in keeping
with the spirit and intent of the zoning ordinance.
c. The variance requested is the minimum variance necessary to make possible the
reasonable use of the applicant’s land, building or structure.
4. A copy of the county parcel map from the Washington County Assessor’s office website
(www.co.washington.ar.us) or the Fayetteville Address Point File (website instructions). The subject
property and all parcels within 200 feet should be identified on this parcel map. The owner’s name, official
mailing address, and the parcel number for every property and resident addresses shall be shown on this
map.
5. One (1) copy of a site plan drawn to scale based on the deed or survey (survey is required for variance of
an existing violation), showing all proposed structures dimensioned from the overhang to each property
line, required setbacks, and requested variance(s).
6. The applicant is responsible for meeting the public notification requirements for a variance listed on the
Notification Requirements pages in this application.
* Note: No non-conforming use of neighboring lands, structures, or buildings in the same district, and no permitted
or non-conforming use of lands, structures, or buildings in other districts shall be considered grounds for the issuance
of a variance.
Consent of Owner Form
PROPERTY OWNER(S) / AUTHORIZED AGENT: By signing below, I/we certify under penalty of perjury
that I am/we are the owner(s) of the property that is the subject of this application and that I/we have
authorized this application and consent to its filing.
PLEASE NOTE:
• Property Owners: Attach additional info/documentation if necessary.
• Authorized Agents: If signing on behalf of a Property Owner, a letter from each Property Owner must be
provided indicating that the agent is authorized to act on their behalf.
____________________________________________________________________________________
Associated Project (required field)
Property Owner 1:
x ________________________________________
Name of person signing [printed] Entity/Company signator legally owns or represents
__________________________________________ ________________________________________
Contact Email Contact Phone
____________________________________________________________________________________
Mailing Address
________________________________________________________________ ________________
Property Owner Signature Date
Property Owner 2: (if needed)
x ________________________________________
Name of person signing [printed] Entity/Company signator legally owns or represents
__________________________________________ ________________________________________
Contact Email Contact Phone
____________________________________________________________________________________
Mailing Address
________________________________________________________________ ________________
Property Owner Signature Date
Property Owner 3: (if needed)
x ________________________________________
Name of person signing [printed] Entity/Company signator legally owns or represents
__________________________________________ ________________________________________
Contact Email Contact Phone
____________________________________________________________________________________
Mailing Address
________________________________________________________________ ________________
Property Owner Signature Date
Property Owner 4: (if needed)
x ________________________________________
Name of person signing [printed] Entity/Company signator legally owns or represents
__________________________________________ ________________________________________
Contact Email Contact Phone
____________________________________________________________________________________
Mailing Address
________________________________________________________________ ________________
Property Owner Signature Date
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NOTIFICATION REQUIREMENTS – BOARD OF ADJUSTMENT
Written Notification Process:
(1) The applicant shall mail a written notice of the action by first-class mail to the address of all
landowners and residents with separate addresses within 200 feet of the boundary line of the property
on which the use is proposed
(2) At least seven (7) days prior to the public hearing, the applicant shall provide the following to the
Planning Division (contact staff planner for submittal deadline):
• alphabetical list of the landowners and residents with separate addresses receiving notification (City’s
Address Point File)
• map showing the landowners’ relationship to the site (City’s Address Point File)
• copy of the notice sent to the landowners and residents (example attached)
• certificate of mailing (example attached)
• Click here to learn how to create the list of those being notified.
Sign Posting Process:
(1) Signs shall be made available to the applicant by the Planning Division. A $5 fee per sign shall be
remitted by the applicant (contact staff planner for date to pick up sign).
a. The applicant shall post notice on the land for which the use is requested in a visibly
prominent location no more than ten (10) feet from the street, and shall not impede the vision
of drivers or pedestrians.
b. The staff planner may require an alternate location where the property is not adjacent to a
street.
c. Additional signs may be required by the staff planner.
(2) At least seven (7) days prior to the hearing, the applicant shall post the sign and submit a
certificate of sign posting to the Planning Division. The sign(s) shall be photographed by the
applicant and attached to the certificate (example attached).
(3) The Planning Division will be responsible for retrieval of signs after the hearing; if a hearing is
postponed, the applicant will be notified when a new sign has been created. The applicant shall
then be responsible for posting the new date of the hearing in accordance with the criteria herein.
THIS IS AN EXAMPLE ONLY – DO NOT USE THIS SHEET
CERTIFICATE OF MAILING
I hereby certify that a true and correct copy of the attached written notice was placed in
the U.S. mail, first-class, postage prepaid this ____ day of ________, 20___, and
addressed as follows:
Name: __________________
Street Address: __________________
City, State, Zip: ___________________
Name: __________________
Street Address: __________________
City, State, Zip: ___________________
Name: __________________
Street Address: __________________
City, State, Zip: ___________________
Name: __________________
Street Address: __________________
City, State, Zip: ___________________
__________________________________
(name of person completing the mailing)
__________________________________
(signature of person completing the mailing)
City File No./Name: ______________________________
THIS IS AN EXAMPLE ONLY – DO NOT USE THIS SHEET
WRITTEN NOTIFICATION FORM
Project Description:
The applicant Name proposes a Type of Development at Project Address.
Building/land Use: _______________________
Zoning: _______________________
Size of Property: _______________________
Density/Intensity: _______________________
Public Hearings:
Board of Adjustment; 3:45 PM; Month/Date/Year; 113 West Mountain Street (City
Administration Building Room 219) Fayetteville, AR 72701
Property Owner:
Name: _______________________ Phone #: _____________________
Developer:
Name: _______________________ Phone #: _____________________
Review Location:
The project information is available for public review at the City of Fayetteville Planning
Division, 125 West Mountain Street, Fayetteville, AR 72701 Monday-Friday 8AM-5PM;
479.575.8267.
THIS IS AN EXAMPLE ONLY – DO NOT USE THIS SHEET
CERTIFICATE OF SIGN POSTING
I, __________________________________(print the name of the
applicant/representative/person posting sign), attest that the above sign was posted on
________________(month/day/year) adjacent to
_______________________________ (name of street).
________________________________________________
(signature of person completing the sign posting)
City File No./Name: ______________________________
(attach photo here)
(sign lettering must be legible in photo)
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BOARD OF ADJUSTMENT VARIANCE (City of Fayetteville)

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Completed 21 January 2021

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