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HomeMy WebLinkAbout2002-07-01 - Agendas FAYETTEVILLE THE CITY OF FAYETTEVILLE,ARKANSAS 113 W. Mountain St. Fayetteville,AR 72701 Telephone:479-575-8264 PLANNING DIVISION CORRESPONDENCE TO: Subdivision Developers in the City of Fayetteville FROM: Dawn T. Warrick, Sr. Planner DATE: June 13,2002 SUBJECT: Pre-selling lots It is understood that developers will market and even pre-sell lots within subdivisions that are under construction or being developed. While this practice may be commonplace, it is important that prospective buyers understand what they are considering. At a recent Board of Adjustment meeting, a lot owner in the Stonewood Subdivision approached the Board to request a variance. The lot in question was vacant and the property owner was making the request on the grounds that their understanding of easements and conditions on the lot was based on a plat that had not been approved by the City nor had it been filed of record with the Circuit Clerk of Washington County. State law does not support the issuance of a variance based on misinforination. Only substantial hardship which is unique to the subject property, and not imposed by the applicant, (topography, natural features, etc.) may be considered in this determination. The fact that the proposed building will not fit on the lot does not constitute a hardship and will not garner a favorable recommendation from Planning staff should a variance be requested. As a result of this meeting, the Board of Adjustment has asked staff to assi.st by informing developers of the consequences of their actions. When lots are sold or even negotiated prior to the filing of a final plat with the Circuit Clerk's office,potential buyers are at a true disadvantage. Because site conditions, including easements and even lot lines, can shift and/or change during the construction process, it is important to inform buyers that only a final plat reflects the accurate dimensions of a lot within a subdivision. Staff will not issue building permits for lots which have not been filed of record by means of a warranty deed in the case of a lot split or a final plat for a subdivision. When reviewing permit applications for compliance,we will refer only to a final, recorded document. Should a site plan for a permit not match the final plat,permits will not be issued. Staff is always willing to discuss subdivision projects with citizens and concerned parties. Please feel free to contact our office or refer your clients to our office should you desire additional information. H.�USERSICOMMOMDAMM2002Correspondence�ppLadvisorymem6doc FAYETTEVILLE THE CITY OF FAYETTEVILLE,ARKANSAS 113 W. Mountain St. Fayetteville,AR 72701 Telephone:479-575-8264 PLANNING DIVISION CORRESPONDENCE TO: Subdivision Developers in the City of Fayetteville FROM: Dawn T. Warrick, Sr. Planner DATE: June 13, 2002 SUBJECT: Pre-selling lots It is understood that developers will market and even pre-sell lots within subdivisions that are under construction or being developed. While this practice may be commonplace, it is important that prospective buyers understand what they are considering. At a recent Board of Adjustment meeting, a lot owner in the Stonewood Subdivision approached the Board to request a variance. The lot in question was vacant and the property owner was making the request on the grounds that their understanding of easements and conditions on the lot was based on a plat that had not been approved by the City nor had it been filed of record with the Circuit Clerk of Washington County. State law does not support the issuance of a variance based on misinformation. Only substantial hardship which is unique to the subject property, and not imposed by the applicant, (topography, natural features, etc.)may be considered in this determination. The fact that the proposed building will not fit on the lot does not constitute a hardship and will not garner a favorable recommendation from Planning staff should a variance be requested. As a result of this meeting, the Board of Adjustment has asked staff to assist by informing developers of the consequences of their actions. When lots are sold or even negotiated prior to the filing of a final plat with the Circuit Clerk's office,potential buyers are at a true disadvantage. Because site conditions, including easements and even lot lines, can shift and/or change during the construction process, it is important to inform buyers that only a final plat reflects the accurate dimensions of a lot within a subdivision. Staff,M11 not issue building permits for lots which have not been filed of record by means of a warranty deed in the case of a lot split or a final plat for a subdivision. When reviewing permit applications for compliance,we will refer only to a final,recorded document. Should a site plan for a permit not match the final plat,permits will not be issued. Staff is always willing to discuss subdivision projects with citizens and concerned parties. Please feel free to contact our office or refer your clients to our office should you desire additional information. H tUSEP�SICOMMONWAWVI)2002Correspondence�ppI advisory_memaloc