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