Roll call more here.

My Lord?

Here.

Billy.

Here.

Okay.

Thank y'all for coming.

I need a motion to approve the minutes from 421 of 26.

So moved.

There's a second.

Thank you very much.

Okay.

Item number one.

WC WMLC.

What's going on?

Our goal is to create two single family residential lots.

They'll construct a home on each lot.

Okay.

I can understand that.

Our lot's not going to be the proper size when you plat this into two.

So on that drawing in front of you, there's uh property to the north, and there's an existing house, and to follow the subdivision regulations, we would have to include that in our survey, and then we'd be plating three lots instead of the two lots that we're trying to create.

So the subdivision regulations say three lots or more is considered a subdivision, and then you get into uh stormwater management, so we'd have to do a detention pond, even to serve that existing house that's not owned by somebody else, potentially a sidewalk in front of that existing house.

That's and then they would have to sign the survey, so we're giving you know somebody a neighbor's signature authority, so to speak.

So we're we're trying to uh request a variance to create two single family lots on that point four four acre track existing lot's not part of their ownership.

Why why would that this was originally one piece of property right?

And you talking about the house above the house above it was all all this was one piece of property.

Uh they did a lot split.

Well, you can do a lot split without going to planning commission and without meeting subdivision requirements.

After soon after it's sold, then they turned around to split the other lot again.

So it's a w we don't have anything, any time limit on that split.

So what we're we're finding is some people are doing a lot split, turn around and sell on the other lot, and then they're trying to do a split again to get a w around subdivision requirements.

Yeah, yes.

But this has been a number of years.

I don't know how many years how long has this been split?

About 14 years.

14 years was the previous plat.

I gotcha.

Yeah.

We had talked one time about put in time limit on a lot split.

Um we never really got um just x amount of years or whatever.

Yeah, um to try to avoid them.

To avoid doing this, right?

Yeah, I got you.

Okay.

Questions from the the panel.

Uh Mr.

Daryl, if if if we granted this variance, would we or have we already set a precedent of doing this in the past?

We've done one other of these that I can remember in the last probably year.

On North Cobra House.

Yes.

Um you're speaking.

Yeah, I was thinking of the thing about it is with there being no time limit on that.

That's where we need to come up with a time limit.

And um I would take any of y'all's suggestions on what you think a proper time should be before that second lot is considered not part of the original tract.

That yeah, another time, but 14 years is certainly longer than I would be thinking.

I don't know what you think, Kevin, but uh it it's a long time, but but between when it was sold in the middle of the year.

Um I have a question, Darrell.

They do make the the split like they want to, or both lots conform to our policies, they would both confirm conform to the zoning requirements, yes.

They would both confirm conform to the zoning requirements, yes.

You basically split it down the middle.

What is that?

Are you going to split it down the middle?

Yes.

Make two equal lots.

Yes, I think Anik may be able to pull that up, but uh we're going to split that down the middle, and each lot would be point two acres, and each lot would have a single family home, and we're in the middle of a rezoning.

I know it's kind of different from this meeting, but we're in the middle of a rezoning.

So we're going, it's currently zone multifamily or elm eight, and we're zoning it to single family, like RS5.

So building it's going to be rezoned to single family.

Yes.

Okay.

We're going to go from multifamily.

That's what you're asking for.

That's going to plan and commission.

We went to the planning commission and it's in the process of going to all the three readings at the council level.

But that's the rezoning aspect.

Talked about it in M A P C splitting of the lot.

Is that why it's here?

It at MAPC we did not have a problem with going from REM eight to a single family homes at all.

But we did not discuss the lot zone, the lot splitting.

Any other questions?

Let me so the two lots that's going to be proposed.

Are they being sold?

Are they being built on by the current owner of the lot?

So I I've worked with this developer builder and he builds homes on those lots.

A positive vote.

Um I think it's that property north of us is a different owner.

It's been 14 years, and then up making making that existing home and lot north of us part of the subdivision.

It triggers things like sidewalks, stormwater management for a home that's been there for decades and decades.

Second.

Second.

Okay.

Roll call, please.

Yes.

Yes.

Yes, yes.

Okay.

Thank you.

Appreciate it.

All right.

Uh Jared Monet.

I'm actually David James.

Jared is here.

I'm the agent on this.

Okay.

Go ahead and speak your name, address, and then what you need.

David James, uh 442 County Road 4242, Jonesboro, Arkansas, 72404.

And then tell us what you want to do.

Um the variance that we're asking for is basically just an acceptance.

Um in 1973, the original developer did not complete the cul de sac that was supposed to be there.

And so whoever constructed the house just went off of the setback off of the road that was current.

Um and so we're in the process of trying to get the house sold, a cloud came up on title, and so we uh title requested us to get a variance and acceptance from y'all saying, hey, we're good, we can clear title and um pass off title for a clear and marketable tile to the next buyer.

Basically the setback on the front of the home toward the cul-de-sac.

Correct.

Yes, sir.

As you can see, the front court is about a foot and a half away from that cul-de-sac, just so we're clear, is not there where it says hobo cove is that is where the actual road is.

So you've got the actual hobble cove, but the cul-de-sac itself has never been developed.

It was never constructed correctly, yes, sir.

And then they're not requesting to change anything.

They're just simply wanting clear and markable title because we're currently under contract to close.

And then of course this popped up, and we wanted to do our due diligence to make sure everything was clean.

Uh Hubble Cove, it's uh north side of town.

Um you go down Patrick back off that way.

Yeah, yeah.

There's several uh cul-de-sacks not constructed in that subdivision out there.

I think we ran into this with uh the streets, Daryl Sidewalks.

Uh the cul-de-sac's not being built and the roads just stopping in multiple locations out there.

House was built in what year?

Oh goodness, I'm not sure on the actual date of construction.

Um we've owned this house for what four years?

Four or five years, and it wasn't caught in title then.

Uh now it's on the market, it's under contract currently, and then when they requested a survey, that's when this came to knowledge.

I don't see a cul-de-sac being constructed there.

Yeah, I mean it was platted in 1973.

So that's what I was going for.

If y'all decide to grant this variance and after that, I mean that will clear up the title, but if I was the property owner, I would work start working to get that um right away abandoned.

Yeah.

Okay.

So the lock button.

Does it have another uh I I mean at the building line it will, yeah, yeah.

But I would try to get at least that portion of the right of way abandoned to that way.

You're not a foot and a half off the right, and then we have four and this is this is a little different, but we've had several in this area where they've got you know, they started a subdivision, they built about half a road, and then they didn't finish it.

Uh we've had uh lots that are platted lots that don't have you know a street in front of it that we've had a look at uh variances for curb and gutter and sidewalks, that type of thing.

So every one of them are a little different, but but seems like back in the 70s that was pretty prevalent, is just to stub out a street and start building houses in it.

Yeah, so the only thing we're looking at today is though is the variance for the setback.

That's correct.

Yes, sir.

We were to say no to this.

What is the what would be the recourse on this?

How would they ever be able to sell the tear down half the house?

Um, I mean an appeal from the BZA goes to circuit court, so that would be their next step.

Um I mean either that or work to abandon the right of way itself, but this is the quickest option to get the title work um completed and and get a sale done for the owner.

And this will be a primary residence for the the gentleman that's purchasing the house, it's a primary residence, it's not an investor, um, and he's just wanting to move into it and call it home.

Or we can't uh we can't tie the uh abandonment of the right-of-way to this variance, can we?

No, what once you um do the um variance that's it?

I mean, there'll be a foot and a half or 1.8 feet, whatever that is, that'll be the new setback for this building, but the landowner to get that abandoned.

If they ever wanted to do anything else, they would have to abandon that right away.

If they wanted to put anything, you know, add um add it up anything to the front of the house, it would have to be.

Well, I mean the water mains up there next to the road, the whole nine.

So there's there would be a lot more if you want to do anything in front of the house.

Yeah, the water range is directly numbered.

Yeah, any other questions, chair.

wanted to put anything you know add um add it uh anything to the front of the house it would have to be well I mean the water mains up there next to the road the whole nice though there's there would be a lot more if you want to do anything in front of the house yeah the water man is directly yeah any other questions chair I move that we put the variance uh VR 2612 excuse me I'm sorry not to Kevin anybody here want to make a comment mail would anyone else like to make a comment it's just been road now yes yeah okay all right thank you where their driveway is where my property starts okay so you're the other property owner in the to the left at the end very end of okay gotcha okay thank you okay Kevin I interrupted Mr.

Chair I just moved that we uh we place the variants on the floor for a vote please second second roll call yes yes Bailey yes okay thank you all right thank you guys all done thank you any other thing before us no sir all right I'll see y'all on the 16th over time I know it I know thank y'all thank you