Commission Votes 3-2 To Approve Street Variance

FARMINGTON — In a 3-2 vote, Farmington Planning Commission last week approved a variance request from a local developer to waive requirements for curb and gutter street improvements along Jim Brooks Road.

Approval came with the condition improvements be made at the entrance of Jim Brooks Road where it intersects with U.S. Highway 62.

Commissioners Gerry Harris and Judy Horne voted against the motion for the variance. Commissioners Jay Moore, Matt Hutcherson and Toni Bahn voted in favor of the motion. Bobby Wilson was absent and the commission has one vacancy because Sean Schader has moved out of the city limits.

After agreeing to the variance, the commission approved the preliminary and final plat for the development, which is called Twin Falls Addition Phase 3.

Keith Marrs with Twin Falls Development has seven undeveloped lots along the perimeter of Twin Falls subdivision in Farmington. Two lots are on Twin Falls Drive, one is bordered by Twin Falls Drive and Jim Brooks Road. and four lots are along Jim Brooks Road. The lots range in size from 1.02 acres to 1.51 acres.

The city’s ordinance for its Master Street Plan requires that curb and gutter be installed on Jim Brooks Road in front of the proposed houses as part of the preliminary and final plat for the housing addition.

Marrs initially asked to receive a variance from installing any curb and gutter improvements along Jim Brooks Road. After meeting with city officials, including Chris Brackett, city engineer with McGoodwin, Williams and Yates, it was proposed that Marrs install curb and gutter street improvements on both sides of Jim Brooks Road for the length of the first lot on the road.

Marrs listed several reasons in presenting his variance request.

For one, he pointed out the city made improvements to another section of Jim Brooks Road and did not put in curb and gutter, per its own ordinance. He also noted that when he was developing Twin Falls, he made improvements to Jim Brooks Road. Another factor to consider, Marrs said, is that he has taken the undeveloped land at Twin Falls subdivision and turned it into a revenue producing development for Farmington.

Marrs said it would cost about $88,000 to install curb and gutter improvements for his five lots on Jim Brooks Road. He added that the lots along Jim Brooks Road are the last ones for the Twin Falls development, with no space to expand. If he had plans to add more lots, he said he would not be requesting a variance.

The estimated total is a “staggering amount for five lots,” Marrs told commissioners. “It’s a lot of money to spend for no more than you will get out of it.”

Brackett told commissioners he believed Marrs should have to make some improvements. He noted the commission recently denied the same request for another person.

Brackett said he thought it would be reasonable to give the variance for four lots, if Marrs made the improvements at the entrance of Jim Brooks Road. The first lot would have curb and gutter on both sides of the road and the other lots would have grassy culverts along the roadside. Sidewalks would be installed as houses are built.

To make improvements at the entrance of the road would cost about $28,000, Marrs said.

Harris said she understood Marrs’ reasons for the request but noted that, as an internal auditor at the University of Arkansas, she has learned the importance of being consistent in following regulations and treating everyone the same.

Brackett also said he believed if the commission did not require Marrs to make any improvements, it would set a precedent that would make it difficult when considering variance requests in the future.

“It’s a very slippery slope when you don’t make someone do something,” Brackett said.

Moore said he was not afraid to give a variance for the right reasons.

City Attorney Steve Tennant advised the Planning Commission to make sure the record was clear in why it made its decision to grant the variance.

“It will come up in the future,” Tennant promised.

As part of the final plat, Marrs said he would donate two areas to the city. The first area is already being used for the city’s Welcome sign. The other is a triangular shaped area located across the street from the city sign at the corner of U.S. 62 and Jim Brooks Road.