HomeMy WebLinkAbout40-93 RESOLUTION•
RESOLUTION NO. 40-93
A RESOLUTION AUTHORIZING THE CITY ATTORNEY'S
OFFICE TO ACCEPT ON THE CITY'S BEHALF THE
SETTLEMENT OFFER OF $500.00 IN REGARDS TO THE
NOTICE OF APPEAL FILED IN CIRCUIT COURT, PRESTIGE
HOMES AND DEVELOPMENT CORP. V. CITY OF
FAYETTEVILLE, CIV 93-258.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council hereby authorizes the city attorney's office to accept
on the city's behalf the settlement offer of $500 00 in regards to the Notice of Appeal filed in
Circuit Court, Prestige Homes and Development Corp. v. City of Fayetteville, CIV 93-258.
PASSED AND APPROVED this 6th day of April , 1993.
APPROVED:A 0
BY: /�/ /
Fred Hanna, Mayor
ATTEST:
BY:
IN THE CIRCUIT COURT OF WASHINGTON COUNTY, ARKANSAS
PRESTIGE HOMES & DEVELOPMENT CORP. PLAINTIFF
VS. NO. CIV 93-258
CITY OF FAYETTEVILLE, ARKANSAS DEFENDANT
DECREE
Now on this day of April, 1993, comes on for
consideration the appeal filed herein by the Plaintiff of the City
of Fayetteville, Arkansas, Board of Adjustments' March 15, 1993
decision denying Plaintiff's variance request from the bulk and
area requirements or building set backs of the City of Fayetteville
Zoning Ordinance; Plaintiff appearing by its attorney, Donald E.
Wilson, and the Defendant appearing by its attorney, Jerry Rose.;
the parties announced that a compromise of the issues has been
agreed upon by and between the parties and request the court enter
a decree based upon the stipulations of the parties. From the
statements of counsel, pleadings before the court, and other things
and matters, the court doth find:
1. The court has jurisdiction of the subject matter and the
parties herein.
2. Plaintiff, Prestige Homes & Development Corp., owns the
following described property situated in Washington County,
Arkansas:
Lots 12, 13, 14 and 16 of the Walnut Park Addition Phase
II to the City of Fayetteville, Arkansas; said Walnut
Park Addition Phase II being more particularly described
as follows: A part of the NW; of the Fractional NW; of
Section 7, Township 16 North, Range 30 West in Washington
County, Arkansas, more particularly described as follows:
Beginning at a point 276.82 feet West and S 0°08'38" W
264.54 feet from the NE corner of NWS of the Fractional
NW; and running thence South 160.0 feet; thence East 75.0
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feet; thence Southeasterly along a curve to the right,
with a radius of 30.0 feet, a distance of 47.12 feet;
thence South 80.0 feet; thence West 850.0 feet; thence
North 110.0 feet; thence West 70.0 feet; thence North
160.0 feet; thence East 815.0 feet to the point of
beginning, containing 5.14 acres, more or less.
3. On or about January 4, 1993, Plaintiff obtained structure
and use permits from the Office of the City Building Inspector for
the City of Fayetteville, State of Arkansas, for the construction
of single family homes on each of the said Lots 12, 13, 14, and 16,
as described above.
4. At the time construction began on each of the aforesaid
lots, the setbacks were measured by the builder, and building
permits were issued.
5. At the time of the footing inspections on January 28,
1993, the location of the footings were inspected and the setbacks
were approved by the City Building Inspector. All measurements
were mistakenly made from the curb and did not account for the full
street right-of-way. As a result, the construction of each home
fell short of the minimum setback requirement by four feet eight
inches.
6. Upon discovering the error on or about February 23, 1993,
Plaintiff stopped construction and immediately reported the error,
and subsequently applied for setback variances for each of the
aforesaid lots to the City Board of Adjustments.
7. Plaintiff's request for setback variances were denied by
a 2 to 2 vote of the members of the Board of Adjustments who were
present.
8. During settlement negotiations, the City Board of
Directors agreed to consent to the entry of this Decree granting
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the requested variances upon Plaintiff paying to the City of
Fayetteville a civil penalty in the total sum of $500.00.
9. The agreement between the Plaintiff and Defendant is fair
and reasonable and should be approved.
IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED for the real
property hereinafter described, Prestige Homes & Development Corp,
and its successors and assigns, be and is hereby granted variances
for purposes of constructing and maintaining single family
residences which encroach into the twenty-five foot setbacks from
the south property line by approximately four feet eight inches;
said real property being more particularly described as follows:
Lots 12, 13, 14 and 16 of the Walnut Park Addition Phase
II to the City of Fayetteville, Arkansas; said Walnut
Park Addition Phase II being more particularly described
as follows: A part of the NW; of the Fractional NW; of
Section 7, Township 16 North, Range 30 West in Washington
County, Arkansas, more particularly described as follows:
Beginning at a point 276.82 feet West and S 0°08'38" W
264.54 feet from the NE corner of NW; of the Fractional
NW; and running thence South 160.0 feet; thence East 75.0
feet; thence Southeasterly along a curve to the right,
with a radius of 30.0 feet, a distance of 47.12 feet;
thence South 80.0 feet; thence West 850.0 feet; thence
North 110.0 feet; thence West 70.0 feet; thence North
160.0 feet; thence East 815.0 feet to the point of
beginning, containing 5.14 acres, more or less.
IT IS FURTHER ORDERED that Prestige Homes & Development Corp.
be and it is hereby directed to pay to the City of Fayetteville a
civil penalty of $500.00.
IT IS FURTHER THE ORDER OF THE COURT that evidence has been
given to the court at the time of the entry of this Decree that the
City of Fayetteville has been paid the $500.00 by the Plaintiff,
Prestige Homes & Development Corp.; therefore, the judgment entered
herein be and same is hereby deemed to be satisfied as of the entry
of this Decree.
IT IS SO ORDERED.
Kim M. Smith, Circuit Judge
APPROVED AS TO FORM:
Donald E. Wilson, Attorney for
Prestige Homes & Development Corp.,
Plaintiff
Jerry ;Oa Attorney for the City
of Fa etteville, Arkansas,
Defendant