Okay, 130.

You got 130?

There we go.

All right.

Can we have a roll call for the people here?

Uh Miles.

Here.

Bailey?

Here.

Apples.

Here.

Miller.

Not Gilmore.

Here.

Okay.

Need a motion to approve the minutes in the last meeting.

So move.

Second.

Second.

All right.

Thank you.

All right.

The Carters.

2023 Pleasant Grove Road.

Come on up here.

There's a podium right here.

Just come on up and tell us what you want to do.

State your name and address, please.

Sherry Carter, 2023, Pleasant Grove Road, Jonesville, Arkansas.

I'm gonna let my contractor, because he's the one who dealt with all the calling in and everybody.

This is Wayne Wesley Parker.

Hey.

Basically, back earlier this year, we were started replacing the pickets on her fence.

It's an eight-foot fence.

And I called up and was was um talked to the lady upstairs and explained what to her what we were doing, and she didn't she said I didn't, she didn't think I needed a permit for what we were doing.

And so we went ahead and then Clint, the code enforcer come by here a while back and said, uh told one of the guys working for me, he said, telling to go get a permit and keep working.

So that's what we did.

So we kept working and built the fence.

Uh redid the fence, and uh so when I went to get the permit, that's when it came up that it was an eight-foot tall fence, and and we need to get a variance for it.

They don't have any, they have they own the property beside it.

There's no other uh people that own the property around it.

It's been there for what 18 years?

Yeah, eighteen years, and they're kind of up on a slope, so people coming down pleasant grove.

If they come down and they look up, it's it they would look in their backyard with a shorter fence.

So the you would put eight foot tall on the uh outside on the outside and uh toward pleasant grove.

How tall is that gonna be?

That's eight foot.

Eight foot toward the front of the house.

Right.

Or that may not be the front of the house, but it's it's the side of the house, yeah.

It's it's facing pleasant grove.

Right.

Right.

And it's got brick columns that are already like nine feet tall down through there.

What size were the panels that you're tearing out?

Were they eight foot tall?

Yeah, they were eight foot tall.

Okay.

Yeah, we basically just placed it.

Put it back, replaced it just like it was.

I I will uh state that because my rental house is beside me, um, it is it's up taller on our the road, and so they could actually look down into my yard in my backyard if I did not have the eight foot.

It was personally for my personal property.

It's it's my back porch of my part of the house.

Um they would walk out and see right into my backyard.

That's why we put it eight foot, and of course, it was no problem back when we built the house eighteen years ago.

We don't have a picture of the outside view of that, do you?

You have a picture of the new fence you put in?

Uh this is done, correct?

Yeah, okay.

I don't have a picture of it.

I thought I thought they put a picture in the um the thing when I was up here.

We got you say the brick pylons are ten foot tall.

They're nine and nine and a half feet or something.

Nine and nine and a half, okay.

Well, no, I'm not seeing a picture of it now.

When did I do that?

No, I don't have a picture of it.

Is that what she did?

Yeah, that's what she did then, because I know we were well, I mean, I was up here like that the day that I had to get this all filed and found out about it, and Monica's her last day, and she was actually helping me try to get all this done.

So, and then she's who I talked to back in February.

There it is.

I don't have a picture of it.

There, what's the I mean when it the ordinance essentially says just no fence over six foot, correct?

Yes.

I would assume that would apply to the pylons as well.

The brick corners.

Essentially what it is is you've got brick corner pylons, it looks like.

Well then and there's some that go down is there some in the middle?

Down to the middle too.

Right here.

Questions, comments from the board members.

Mr.

Chair, I'd make a motion that we would vent grant the variance based upon the circumstances.

Second.

Second it.

House.

Yes.

Uh yes.

Cables.

Yes.

Yes.

Thank you all for your time.

Thank you.

Thank you.

Okay.

All right.

Mr.

Fletcher.

Tell us what's going on on North Cover House.

You have a picture?

I don't know.

There we go.

Yeah.

I want to give a lot to my granddaughter to build a house.

Uh-huh.

And they're asking for a sidewalk in the front of it, going down North Cobra House.

Uh there's no sidewalks on North Cobra House anywhere.

I've in three miles.

And I thought of it this morning.

I was walking around looking at it.

Plus that you can't see it from that picture, but there's a row of trees that separates that lot from North Cobra House.

All of those trees will have to come out to put a sidewalk in there.

And we're just asking that we can get a variance on the sidewalk.

Mr.

Chair.

Yes.

Typically, sidewalk variances are come before the MAPC.

Is there a particular reason that we're seeing this today?

Because it's on our agenda.

But I don't know any other reason.

The reason that it's on the BZA agenda is that Chuck has requested not to pay a fee and load.

He just wants the sidewalk requirement waived.

A fee and loo would go before the planning commission, but um since he just wants it completely waived, it um it's reason we brought it to y'all.

Uh it's on down.

There we go.

The first house is going to be my son-in-law and daughter's, and the next one will be mine.

Yeah.

That's yours right there, isn't it?

No, nothing.

The next one is mine.

Next one's just the empty lot beyond the flag there is the empty lot.

Oh, okay.

So that's your house right there?

Yes, sir.

Okay.

And your house built.

Son-in-law and daughters is on the right.

Yeah.

We're trying to keep it all in a granddaughter wants to be on the left.

Yes.

Okay.

Then you're gonna put her a driveway amongst those trees over there.

Yes.

Okay.

Chuck, I would I would be in in favor if we were sitting at MAPC, I would be in favor of the in lieu of.

But I don't think that we and at MAPC and I'm the MAPC representative on this board.

I don't believe we've ever waived a sidewalk fee since the sidewalk ordinance came into play.

So I don't know that I would be able to be in favor of waiving the fee.

That's my two cents worth.

I'm I'd be in favor of the variance or of the waiver in lieu of.

But I since we have not ever set a precedent and waived a fee, to my knowledge.

What is the what would the fee be?

It's a square foot number based upon the uh Chuck.

Do you remember the number that they engineered?

Somewhere around 20,000.

I don't I don't think we ever come up with an exact you were 20,000 or cyber, yeah.

It'd be along all three lots.

Oh it's not just on cover house.

It would hang on just a second.

It would be along this property right here.

These two lots, I'm sorry, two lots.

Wow, I subdivided those two.

I mean, what if he broke them up in separate parcels?

Could he get away with just doing one?

You know what I mean?

Having to figure the cost over one.

This was originally sub or lot split and now it's come back for another lot split.

And so that's the reason that the ordinances are kicking in is because of that.

And this is all we plan to build.

I mean, you can't do anything in the back.

There's nothing can be done.

There's no utilities.

If you continue north on Culver House, what's what's above you going north?

Anything?

Nothing.

Uh how far does that run before you hit any other to where?

Well, if if you're if you're continuing in on North Coverhouse, uh huh.

Going away from your property.

Yes.

How far do you go before you run into another residence?

Well, it crosses Thomas Green.

Uh I'm gonna say close to a mile.

And how much to the south before you beyond Brad and Devin's house?

Uh there's another like a ten or eleven acre lot that they have a house on.

So I don't know how far distance wise, but taking rough numbers, and this it wouldn't be an exact amount, but um it'll be probably between sixteen thousand and up for a hundred and eighty foot of frontage.

That's sixteen thousand dollars you could spend on the kitchen.

Yeah.

I'm just kind of saying that for personal reason.

We're not really being asked based on Kevin, who is a representative of the MAPC.

We're not really at we're not being asked to get rid of the sidewalk or being asked to really waive the fee.

That's what it sounds like to me.

To pay the fee in lieu of but but he's asking for the fee to be waived to be.

I don't think we have the authority to do that.

I don't know.

I don't think it's a city code.

You have the authority to waive it.

However, it's on since the sidewalk fee it has gone into effect since the uh sidewalk ordinance went to effect in 2017.

We have never waived a fee and loop.

Paid a few of them.

Most of the ones that we haven't dealt with them here.

Is that what you're saying?

Right.

They've never come to us because they've everybody's agreed just to pay the fee in lieu or build the sidewalk.

Right.

And uh Chuck has asked to do neither, and that's the reason he came to you to waive the code entirely.

Can I ask the question?

Sure.

I'm Brad Montgomery.

I'm a son-in-law, by the way.

You're saying the reason the variance, this is being brought to y'all's attention because this is being subdivided twice.

Well, his property hasn't been subdivided at all.

I bought the entire thing and I sold him his property.

So his has actually not been subdivided at all.

You get what I'm saying?

Well, that's kind of what I was asking the question I asked earlier.

That's my daughter that's that we're looking at all of those for most of the ones that we have seen are been in in residential subdivisions or developments rather than in a rule setting like this.

I I don't disagree with you at all.

Forcing somebody to pay a fee is really against the only thing I believe in.

We've we've all been I mean that's just before the ordinance we've all done that.

Yeah.

I agree.

The way it's written doesn't mean it's what it should be, but it is the way it's written.

I don't have to agree with it.

Yeah, no, I understand.

But her house, the one you're wanting to build is on that lot 1A, correct?

Which has got the hundred and eighty feet of front.

Yes.

Okay.

Yes.

All right.

So it doesn't look like it extends out past in front of your house nor his house.

It doesn't look like it.

No, sorry.

That figure that that rough figure.

Is that right?

Yeah, 180 is just in front of that lot 1A.

1A, right?

Mickey, we've heard from everybody but you.

Well, I'm I'm I'm sitting here baffled because my first thought was this is not a subdivision.

We're talking about a a rule of pre s a rural piece of property that if we were if we forced them to put a sidewalk in, that's a that's a sidewalk going nowhere either direction.

And never will.

And never will.

So we're gonna have a piece of concrete sitting out there.

If we force them to put it in.

That's why this board exists to deal with special situations like this rather than you know, if you're in a subdivision, you you're you're uh kind of stuck to connect the existing houses next to you and all that, but when you're a mile or more from the next house, it's a little different.

If I own a lot, I gotta put a sidewalk on it if I build a home.

Oh an individual.

Okay, I didn't think so.

Okay, then tell me again, I missed it.

Tell me again why this one has to apply that way.

This property was divided to sell a lot to Chuck from his son-in-law.

Right.

That was one lot split.

Okay.

Now we're doing another lot split.

So you're making three lots in a short amount of time.

I'm with you.

Okay.

So it's a way to not go I I mean, we see it where people try not to follow the subdivision regulation.

Yep.

And at three is when a subdivision technically takes place at three lots.

Okay.

All right, I'm I got it now.

It's the sidewalk.

That's why I was trying to figure out.

It's just a storm pipe along the front, you know, the ditch.

And fill the ditch, that kind of stuff, which that will have to go to another board since for stormwater.

Yeah.

With the drawing.

This now becomes a subdivision.

They've taken one lot and put it into three.

Okay.

So that would then be designed that then would be designated a subdivision.

Yes, sir.

Okay.

How long has it been, Chuck, since that since y'all divided that lot?

Seven years, things.

You you built that house within the last seven years.

Yeah.

Yes.

It wasn't in the last year or so.

Right, it's it.

Yeah.

Yeah.

See the trick now.

Yeah, it's tricky.

I get it.

So this subdivision ordinance, and I just just so I can understand the subdivision ordinance that relatively refers to three lots or more.

Um is there a time period established?

This this is a fine example.

It's been seven years since they split.

There hasn't been a time in in the ordinance, it doesn't give a time.

So is that where it falls then that you're telling that we as this board have the right to grant the variance and kill that's the reason it's here is because we can't waive this.

We can't city can that's correct.

So it's that's the reason it is here is for y'all to make a determination whether you want to like I said the fee and lie has never been waived.

If you determine it's not a subdivision, then the fee and lie is not required.

All right, I'm gonna ask a hypothetical question.

In the future, do you see any other development coming out of any of this area?

No, this is the last lot you're gonna deal with.

Oh, absolutely, and after that you're done.

Yeah, yeah.

This is my long goodbye.

Oh, y'all, y'all don't own any property to the south.

No, sir.

Okay, anymore.

Gotcha.

And your lot connects right to Chuck's.

That's correct.

Okay.

Since 2018.

2018 as well.

Mr.

Chairman.

Yes.

In lieu of the conversation that has been taking place for the last 15 minutes.

I move that we grant this variance.

Okay, is there a second?

Second.

Roll call, please.

Miles.

Yes.

Bailey?

No.

Cables.

Yes.

Gilmore.

Yes.

So what?

House built.

Thank you all.

Thank you.

Motion to go home.

Unload.

Come back to work.

Thank y'all.

All right.

Thank y'all for your time.

So we are adjourned.

We at this point.