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HomeMy WebLinkAboutS-0991 Staff AnalysisSeptember 7, 1993 IT 7 FI NAME: 9505 Alexander Road - Subdivision Ordinance Waiver LO TI Approximately 330 feet south of Alexander Road, off the end of the paved section of Alexander Road approximately 1.000 feet east of Sardis Road, at 9505 Alexander Road. DEVELOPER• ENGINEER• JOB WATERS EDWARD LOFTON 6507 Fourche Dam Pike 15415 Oakcrest Little Rock, AR 72206 Little Rock, AR 72206 490-0695 888-5232 AR : 4.0 ACRES NUMBER OF LOTS: 1 FT. NEW STREET: 0 ZONING: R-2 PROPOSED USE: Single Family Residential PLANNING DISTRICT: 15 CENSUS TRACT: 41.04 VARIANCES REQ10 TED.• 1. Waiver of all Subdivision Ordinance requirements to include: a) the requirement to present for approval a preliminary and final plat of the 4--acre tract owned by the applicant; b) the requirement to provide frontage for the lot on a Public street; and c) the requirement to provide for the construction of public or private street improvements to the lot. 2. Variance from the Water Utilities guideline which would require a frontage on Alexander Road of 64.25 feet and permit a frontage of 20 feet. TATRME T F PR P AL• The applicant states that in the summer of 1992, he purchased a 4-acre tract of land which lies approximately 330 feet south of Alexander Road, with access to Alexander Road by way of a 20-foot access easement across property retained by the seller. The applicant relates that the property is part of a 15-acre tract ❑ut of which two tracts have now been divided, one in 1990 and the applicant's in 1992. IN 1990, a 1.64 acre site was sold which fronts on an un-opened portion of the Alexander Road right- of-way and which gains access to the improved portion of Alexander Road by way of a 35-foot access easement along the west side of the property on property retained by the seller. This tract is immediately north of the applicant's tract and lies September 7, 1993 IT 7 n in FILE between Alexander Road and the applicant's property. The applicant's 20-foot access easement to Alexander Road is within the 35-foot access easement granted to the lot previously sold. The seller of the applicant's tract, as well as the owner/seller of the previously sold tract have, in effect, been subdividing their property in violation of the Subdivision Ordinance, and have created lots which do not abut improved streets. The applicant, in making application for a building permit to construct his home on the tract he purchased, has been confronted with the situation that he is unable to gain approval for a building permit or to obtain public utility services. The Subdivision Ordinance provides that minimum 5-acre tracts may, if they have frontage of a public street, be sold from larger tracts without complying with the Ordinance. The applicant maintains that he has not been able, because of financial limitations and restrictions imposed by his VA loan, to purchase an additional acre of land. Instead, he proposes that a waiver be granted of all Subdivision Ordinance requirements which relate to his situation, and he be permitted to construct his home on the 4-acre tract "as is", with the tract not abutting a street and his having access to the property by way of the 20- foot access easement. Water Utilities requires that, for the tract to have service from the water main in Alexander road, the tract must have frontage on Alexander Road. The amount of frontage required by Water Utilities guidelines is based on a ratio of 15:1 depth of lot to width of frontage. For the applicant to have service from the Alexander Road main, then, based on the depth of his tract, he would have to have frontage of 64.25 feet. Water Utilityes minimum frontage is 20 feet. The applicant proposes, that, if he is able to acquire ownership of the 20-foot access easement for frontage; a variance be granted by the Board of Directors to allow the 20-foot frontage to suffice in lieu of the 64.25 foot requirement based on the 15:1 ratio. A. PR P AL RE E T• The applicant requests review by the Planning Commission and approval by the Board of Directors for a waiver from all Subdivision Ordinance requirements relative to the 4-acre tract he purchased in 1992 and on which he proposes to construct a home. He requests a waiver from the Subdivision Ordinance requirement which would require a preliminary then -final plat of his 4-acre lot, or its inclusion in a plat of the entire 15-acre tract from which his site is derived. He requests a waiver from the requirement which would require that his lot abut a public street or that street improvements be provided by him or by the seller of 2 September 7, 1993 ITEM NO.: 7 ( C- nt in _ FILE NO S 991 the tracts to his particular lot or to the boundary street (Alexander Road) to the 15-acre tract. The applicant requests, if he is able to obtain ownership of the easement by which he now gains access to his property, approval by the Board of Directors of a variance from the Water utilities guideline which would require, in order to have water service from the Alexander Road main, a frontage on Alexander Road of 64.25 feet and permit frontage of 20 feet. B. EXISTING CONDITIONS: The site is approximately 330 feet south of Alexander Road and 1,000 feet east of Sardis Road. Alexander road "dead - ends" at the access easement which provides access to this site and the abutting property which lies between the applicant's property and Alexander Road. Besides the home on the 1.64-acre site lying between the applicant's tract and Alexander Road, there are scattered homesites on large tracts on both sides of Alexander Road from Sardis Road east to the dead-end of Alexander Road. Immediately west of the applicant's tract is a large ravine which is heavily wooded and overgrown. The applicant's site is pasture land with scattered trees and medium height grasses. There is no development beyond, to the east and south, of the property. The zoning of the applicant's and all surrounding property is R-2. C. ENGINEERING/UTILITY COMMENTS: Engineering Division indicates that it will not comment on this request. Little Rock Water Works reports that water service is available on Alexander Road; however, in order for the applicant's lot to receive service, either the lot will have to have at least a minimum 64.25 foot frontage on Alexander Road or a water main will have to be extended by the applicant to the property. The 64.25 foot frontage requirement is based on the Water Works guideline which requires a 15:1 depth -to -width ratio for the property. The Water Works guideline permits a variance from this ratio if it is approved by the Board of Directors. Water -Works also reports that water service will not be permitted unless the proposed structure is within 450 feet of an approved fire hydrant. Water Works reports that a pro-rata front footage charge of $15.00 per foot of frontage on Alexander Road will apply, in addition to the normal connection fee. Water Works adds that if the applicant cannot obtain the required frontage on Alexander Road, or his proposed home is beyond r September 7, 1993 ITEM 7 n in FILE nQ, ; S-991 450 feet to the fire hydrant on Alexander Road, he will be required to install a water main to his property in a minimum 150-foot utility easement, and install a private fire hydrant. Wastewater Utility reports that sewer service is not available to the lot without major main extensions of at least 1,000 feet uphill from the west or in excess of 1,500 feet to the east. D. I E LE AL TE H I DE I The Subdivision Ordinance, Section 31-2, Definitions, and Section 31-5, Jurisdiction and Application, define a subdivision as "all divisions of a tract ... into one (1) or more lots,...sites, or other divisions for the purpose ... for sale of building development, and shall include all divisions... involving the need for new access (or) a new street..." Both division, however, exclude "the division of land into parcels greater than five (5) acres, provided each newly created lot or parcel has minimum lot frontage on a dedicated public street....11 The Subdivision Ordinance, Section 31-231, states that "every lot shall abut upon a public street, except where private streets are explicitly approved...." Section 31-396 of the Subdivision Ordinance states that "in all subdivisions..., the subdivider shall install, at his own expense, or to have installed by the appropriate public utility certain specified improvements...." The sections which follow list the "specified improvements as: streets, curb and gutters, water supply, sanitary sewage disposal (public system or appropriate individual private system where applicable), storm drainage, sidewalks, street lighting, fire hydrants, etc. Section 31-36 and the following sections of the Subdivision Ordinance require a plat review and approval process to include the preparation, review, and approval of a preliminary plat for all subdivisions of land, installation of the required improvements and monuments,.and the filing of a final plat and Bill of Assurance. E. ANALYSIS• The original and subsequent owner of the 15-acre tract, who have sold two parcels of less than 5 acres each, one of which does not abut a public street, are in technical violation of the Subdivision Ordinance in the areas cited above. The applicant simply bought a parcel of land and arranged a VA loan for the purchase of the land and 4 September 7, 1993 ITEM NO.: 7 (Continued,) FILE NO.: construction of a home for himself, but has hit the proverbial "brick wall" in an attempt to get the permits necessary to proceed with his plan. The applicant, in apparent good faith, and relying on the expertise of professionals in the real estate business, bought the land through a licensed real estate agent who should have known that the transaction would produce a subdivision which is in technical violation of the Subdivision Ordinance. The surveyor should have know. The title or abstract company should have known. The Circuit Clerk and Recorder's office should have know. The VA appraiser should have known. The applicant, though, is the one who is suffering the consequences of professionals not warning him that what he was doing would not be permitted. F. aTAFF RECOMMENDATIONS: Staff recommends approval of the waiver of the Subdivision Ordinance requirements for this one individual applicant so that he may construct his home on the 4-acre tract. ZUBDIVISTON COMMITTEE OMMENT: (August 5, 1993) Staff presented the background of the applicant's situation and request, and indicated that the item was being presented to the Committee as an "add -on" item to the Committee agenda which would be placed on the September 7 Planning Commission agenda. The Committee reviewed the special circumstances of the request, and forwarded the application to the full Commission for review. PLANNING COMMI$SION ACTION: (September 7, 1993) The applicant was present. Staff presented the request and outlined the sequence of events which led up to the current situation. The applicant indicated that Staff's presentation reflected the situation in which the applicant found himself. Without further discussion, a motion was made and seconded to recommend approval of the waivers and variance to the Board of Directors. The motion passed with 8 ayes, no nays, and 3 absent. 5 ORDINANCE NO. 16,493 AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS, PROVIDING FOR A WAIVER OF ALL SUBDIVISION REGULATION REQUIREMENTS FOR PROPERTY IN THE NW 1/4 NE 1/4, SECTION 15, T-1-S, R-13-W, PULASKI COUNTY, ARKANSAS AND LOCATED AT 9505 ALEXANDER ROAD (S-991). BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS. SECTION 1. That Chapter 31 of the Code of Ordinances be amended to provide for a waiver of requirements within the Subdivision Regulations of the City of Little Rock for the following described property. A parcel of land in the NW 1/4 NE 1/4, Section 15, T-1-S, R-13-W, located at 9505 Alexander Road (S-991), and more particularly described as follows: Beginning at a point 3631 south of the NE corner of said NW 1/4 NE 1/4, thence south 600.81, thence S 880231 W 2901, thence N 600.81, thence N 880231 E 2901 to the POB, containing 4.0 acres, more or less, together with a 201 ingress -egress easement described as follows: Beginning 2241 west of the NE corner of the NW 1/4 NE 1/4, Section 15, T-1-S, R-13-W, thence S 20411 W 363.41, thence S 880231 W 201, thence N 20411E 363.41, thence N 880231E 201 to the POB. Subsection a. That Chapter 31, Section 31-36 through Section 31-177 be amended to waive the requirements for a preliminary plat review and approval process, installation of required improvements and monuments, and the filling of a final plat and Bill of Assurance. Subsection b. That Chapter 31, Section 396 be amended to waive the requirements for the subdivider to install specified improvements to include streets, curb and gutters, water supply, sanitary sewage disposal, storm drainage, sidewalks, street lighting, fire hydrants, etc. Subsection c. That Chapter 31, Section 31-231, Section 31-2, and Section 31-5 be amended to waive the requirement for every lot to abut upon a public street :_except where private streets are explicitly approved. t- FILE NO -991 - N ME: 9505 Alexander Road - Subdivision Ordinance Waiver LOCATION: Approximately 330 feet south of Alexander Road, off the end of the paved section of Alexander Road approximately 1,000 feet east of Sardis Road, at 9505 Alexander Road. DEVELOPER• ENGINEER• JOB WATERS EDWARD LOFTON 6507 Fourche Dam Pike 15415 Oakcrest Little Rock, AR 72206 Little Rock, AR 72206 490-0695 888-5232 AREA: 4.0 ACRES NUMBER OF LOTS: 1 FT. NEW STREET: 0 ZONING: R-2 PROPOSED USE: Single Family Residential PLANNING DISTRICT: 15 CENSUS TRACT: 41.04 VARIANQEREQUESTED• 1. Waiver of all Subdivision Ordinance requirements to include: a) the requirement to present for approval a preliminary and final plat of the 4-acre tract owned by the applicant; b) the requirement to provide frontage for the lot on a public street; and c) the requirement to provide for the construction of public or private street improvements to the lot. 2. Variance from the Water utilities guideline which would require a frontage on Alexander Road of 64.25 feet and permit a frontage of 20 feet. STATEMENT OF_PRQPQSAL: The applicant states that in the summer of 1992, he purchased a 4-acre tract of land which lies approximately 330 feet south of Alexander Road, with access to Alexander Road by way of a 20-foot access easement across property retained by the seller. The applicant relates that the property is part of a 15-acre tract out of which two tracts have now been divided, one in 1990 and the applicant's in 1992. IN 1990, a 1.64 acre site was sold which fronts on an un-opened portion -of the Alexander Road right- of-way and which gains access to the improved portion of Alexander Road by way of a 35-foot access easement along the west side of the property on property retained by the seller. This tract is immediately north of the applicant's tract and lies between Alexander Road and the applicant's property. The applicant's 20-foot access easement to Alexander Road is within the 35-foot access easement granted to the lot previously sold. The seller of the applicant's tract, as well as the owner/seller FILE NO,; 5-991 (Continued) of the previously sold tract have, in effect, been subdividing their property in violation of the Subdivision Ordinance, and have created lots which do not abut improved streets. The applicant, in making application for a building permit to construct his home on the tract he purchased, has been confronted with the situation that he is unable to gain approval for a building permit or to obtain public utility services. The Subdivision Ordinance provides that minimum 5-acre tracts may, if they have frontage of a public street, be sold from larger tracts without complying with the Ordinance. The applicant maintains that he has not been able, because of financial limitations and restrictions imposed by his VA loan, to purchase an additional acre of land. Instead, he proposes that a waiver be granted of all Subdivision Ordinance requirements which relate to his situation, and he be permitted to construct his home on the 4-acre tract "as is", with the tract not abutting a street and his having access to the property by way of the 20- foot access easement. Water Utilities requires that, for the tract to have service from the water main in Alexander road, the tract must have frontage on Alexander Road. The amount of frontage required by Water Utilities guidelines is based on a ratio of 15:1 depth of lot to width of frontage. For the applicant to have service from the Alexander Road main, then, based on the depth of his tract, he would have to have frontage of 64.25 feet. Water Utility's minimum frontage is 20 feet. The applicant proposes, that, if he is able to acquire ownership of the 20-foot access easement for frontage, a variance be granted by the Board of Directors to allow the 20-foot frontage to suffice in lieu of the 64.25 foot requirement based on the 15:1 ratio. A. PR P AL RE E T• The applicant requests review by the Planning Commission and approval by the Board of Directors for a waiver from all Subdivision Ordinance requirements relative to the 4-acre tract he purchased in 1992 and on which he proposes to construct a home. He requests a waiver from the Subdivision Ordinance requirement which would require a preliminary - then -final plat of his 4-acre lot, or its inclusion in a plat of the entire 15-acre tract from which his site is derived. He requests a waiver from the requirement which would require that his lot abut a public street or that street improvements be provided by him or by the seller of the tracts to his particular lot or to the boundary street (Alexander Road) to the 15-acre tract. The applicant requests, if he is able to obtain ownership of the easement by which he now gains access to his property, approval by the Board of Directors of a variance from the FILE NO.; S-991 (Continued) Water utilities guideline which would require, in order to have water service from the Alexander Road main, a frontage on Alexander Road of 64.25 feet and permit frontage of 20 feet. B. EXISTING CONDITIONS: The site is approximately 330 feet south of Alexander Road and 1,000 feet east of Sardis Road. Alexander road "dead - ends" at the access easement which provides access to this site and the abutting property which lies between the applicant's property and Alexander Road. Besides the home on the 1.64-acre site lying between the applicant's tract and Alexander Road, there are scattered homesites on large tracts on both sides of Alexander Road from Sardis Road east to the dead-end of Alexander Road. Immediately west of the applicant's tract is a large ravine which is heavily wooded and overgrown. The applicant's site is pasture land with scattered trees and medium height grasses. There is no development beyond, to the east and south, of the property. The zoning of the applicant's and all surrounding property is R-2. C. E I ERI TILITY IME T : Engineering Division indicates that it will not comment on this request. Little Rock Water Works reports that water service is available on Alexander Road; however, in order for the applicant's lot to receive service, either the lot will have to have at least a minimum 64.25 foot frontage on Alexander Road or a water main will have to be extended by the applicant to the property. The 64.25 foot frontage requirement is based on the Water Works guideline which requires a 15:1 depth -to -width ratio for the property. The Water works guideline permits a variance from this ratio if it is approved by the Board of Directors. Water Works also reports that water service will not be permitted unless the proposed structure is within 450 feet of an approved fire hydrant. Water Works reports that a pro-rata front footage charge of $15.00 per foot of frontage on Alexander Road will apply, in addition to the normal connection fee. Water Works adds that if the applicant cannot obtain the required frontage on Alexander Road, or his proposed home is beyond 450 feet to the fire hydrant on Alexander Road, he will be required to install a water main to his property in a minimum 150-foot utility easement, and install a private - fire hydrant. Wastewater Utility reports that sewer service is not available to the lot without major main extensions of at least 1,000 feet uphill from the west or in excess of 1,500 feet to the east. 3 FILE NO.: 5-991 (Continued) D. I5aUES/LEQAL/TECHNICAL/DESIN: The Subdivision Ordinance, Section 31-2, Definitions, and Section 31-5, Jurisdiction and Application, define a subdivision as "all divisions of a tract... into one (1) or more lots,...sites, or other divisions for the purpose ... for sale of building development, and shall include all divisions... involving the need for new access (or) a new street..." Both division, however, exclude "the division of land into parcels greater than five (5) acres, provided each newly created lot or parcel has minimum lot frontage on a dedicated public street...." The Subdivision Ordinance, Section 31-231, states that "every lot shall abut upon a public street, except where private streets are explicitly approved...." Section 31-396 of the Subdivision Ordinance states that "in all subdivisions..., the subdivider shall install, at his own expense, or to have installed by the appropriate public utility certain specified improvements...." The sections which follow list the "specified improvements as: streets, curb and gutters, water supply, sanitary sewage disposal (public system or appropriate individual private system where applicable), storm drainage, sidewalks, street lighting, fire hydrants, etc. Section 31-36 and the following sections of the Subdivision Ordinance require a plat review and approval process to include the preparation, review, and approval of a preliminary plat for all subdivisions of land, installation of the required improvements and monuments, and the filing of a final plat and Bill of Assurance. E. ANALYSIS• The original and subsequent owner of the 15-acre tract, who have sold two parcels of less than 5 acres each, one of which does not abut a public street, are in technical violation of the Subdivision Ordinance in the areas cited above. The applicant simply bought a parcel of land and arranged a VA loan for the purchase of the land and construction of a home for himself, but has hit the proverbial "brick wall" in an attempt to get the permits necessary to proceed with his plan. The applicant, in apparent good faith, and relying on the expertise of professionals in the real estate business, bought the land through a licensed real estate agent who should have known that the transaction would produce a subdivision which is in technical violation of the Subdivision Ordinance. The surveyor should have known. The title or abstract company should have known. The Circuit Clerk and Recorder's office 4 r Fix.) As e -!- I should have known. The VA appraiser should have known. The applicant, though, is the one who is suffering the consequences of professionals not warning him that what he was doing would not be permitted. F. STAFF RECOMMENDATIONS: Staff recommends approval of the waiver of the Subdivision Ordinance requirements for this one individual applicant so that he may construct his home on the 4-acre tract. SUBDIVISION COMMITTEE COMMENT: (August 5, 1993) Staff presented the background of the applicant's situation and request, and indicated that the item was being presented to the Committee as an "add -on" item to the Committee agenda which would be placed on the September 7 Planning Commission agenda. The Committee reviewed the special circumstances of the request, and forwarded the application to the full Commission for review. PLANNING COMMISSION ACTION: (September 7, 1993) The applicant was present. Staff presented the request and outlined the sequence of events which led up to the current situation. The applicant indicated that Staff's presentation reflected the situation in which the applicant found himself. without further discussion, a motion was made and seconded to recommend approval of the waivers and variance to the Board of Directors. The motion passed with 8 ayes, no nays, and 3 absent. 5 September 7, 199.3 ITEM NO.: 7 _ FILE NO.,.,: S-991 NAME: 9505 Alexander Road - Subdivision Ordinance waiver LOCATION: Approximately 330 feet south of Alexander Road, off the end of the paved section of Alexander Road approximately 1,000 feet east of Sardis Road, at 9505 Alexander Road. DEVELOPER: JOE WATERS EDWARD LOFTON 6507 Fourche Dam Pike 15415 Oakcrest Little Rock, AR 72206 Little Rock, AR 72206 490-0695 888-5232 4.0 ACRES NUMBER OF LOTS: 1 FT. NEW STREET: .0 ZONING: R-2 PROPOSED USE: Single Family Residential PLANNING DISTRICT: 15 CENSUS TRACT: 41.04 VARIANCES REQUESTED: 1. Waiver of all Subdivision Ordinance requirements to include: a) the requirement to present for approval a preliminary and final plat of the 4-acre tract owned by the applicant; b) the requirement to provide frontage for the lot on a public street; and c) the requirement to provide for the construction of public or private street improvements to the lot. 2. Variance from the Water utilities guideline which would require a frontage on Alexander Road of 64.25 feet and permit a frontage of 20 feet. STATEMENT OF PROPOSAL: The applicant states that in the summer of 1992, he purchased a 4-acre tract of land which lies approximately 330 feet south of Alexander Road, with access to Alexander Road by way of a 20-foot access easement across property retained by the seller. The applicant relates that the property is part of a 15-acre tract out of which two tracts have now been divided, one in 1990 and the applicant's in 1992. IN 1990, a 1.64 acre site was sold which fronts on an un-opened portion of the Alexander Road right- of-way and which gains access to the improved portion of Alexander Road by way of a 35-foot access easement along the west side of the property on property retained by the seller. This tract is immediately north of the applicant's tract and lies September 7, 1993 ITEM 7 n in FILE NO.: S-991 between Alexander Road and the applicant's property. The applicant's 20-foot access easement to Alexander Road is within the 35-foot access easement granted to the lot previously sold. The seller of the applicant's tract, as well as the owner/seller of the previously sold tract have, in effect, been subdividing their property in violation of the Subdivision Ordinance, and have created lots which do not abut improved streets. The applicant, in making application for a building permit to construct his home on the tract he purchased, has been confronted with the situation that he is unable to gain approval for a building permit or to obtain public utility services. The Subdivision Ordinance provides that minimum 5-acre tracts may, if they have frontage of a public street, be sold from larger tracts without complying with the Ordinance. The applicant maintains that he has not been able, because of financial limitations and restrictions imposed by his VA loan, to purchase an additional acre of land. Instead, he proposes that a waiver be granted of all Subdivision Ordinance requirements which relate to his situation, and he be permitted to construct his home on the 4-acre tract "as is", with the tract not abutting a street and his having access to the property by way of the 20- foot access easement. Water Utilities requires that, for the tract to have service from the water main in Alexander road, the tract must have frontage on Alexander Road. The amount of frontage required by Water Utilities guidelines is based on a ratio of 15:1 depth of lot to width of frontage. For the applicant to have service from the Alexander Road main, then, based on the depth of his tract, he would have to have frontage of 64.25 feet. Water Utility's minimum frontage is 20 feet. The applicant proposes, that, if he is able to acquire ownership of the 20-foot access easement for frontage, a variance be granted by the Board of Directors to allow the 20-foot frontage to suffice in lieu of the 64.25 foot requirement based on the 15:1 ratio. A. PR P AL RE E T• The applicant requests review by the Planning Commission and approval by the Board of Directors for a waiver from all Subdivision Ordinance requirements relative to the 4-acre tract he purchased in 1992 and on which he proposes to construct a home. He requests a waiver from the Subdivision Ordinance requirement which would require a preliminary - then -final plat of his 4-acre lot, or its inclusion in a plat of the entire 15-acre tract from which his site is derived. He requests a waiver from the requirement which would require that his lot abut a public street or that street improvements be provided by him or by the seller of 2 September 7, 1993 ITEM NO.: 7 (Continued) FILE Na.; 5-991 the tracts to his particular lot or to the boundary street (Alexander Road) to the 15-acre tract. The applicant requests, if he is able to obtain ownership of the easement by which he now gains access to his property, approval by the Board of Directors of a variance from the Water Utilities guideline which would require, in order to have water service from the Alexander Road main, a frontage on Alexander Road of 64.25 feet and permit frontage of 20 feet. B. EXISTING CONDITIONS: The site is approximately 330 feet south of Alexander Road and 1,000 feet east of Sardis Road. Alexander road "dead - ends" at the access easement which provides access to this site and the abutting property which lies between the applicant's property and Alexander Road. Besides the home on the 1.64-acre site lying between the applicant's tract and Alexander Road, there are scattered homesites on large tracts on both sides of Alexander Road from Sardis Road east to the dead-end of Alexander Road. Immediately west of the applicant's tract is a large ravine which is heavily wooded and overgrown. The applicant's site is pasture land with scattered trees and medium height grasses. There is no development beyond, to the east and south, of the property. The zoning of the applicant's and all surrounding property is R-2. C. 1 ERI TILITY COMMENTS: Engineering Division indicates that it will not comment on this request. Little Rock Water Works reports that water service is available on Alexander Road; however, in order for the applicant's lot to receive service, either the lot will have to have at least a minimum 64.25 foot frontage on Alexander Road or a water main will have to be extended by the applicant to the property. The 64.25 foot frontage requirement is based on the Water Works guideline which requires a 15:1 depth -to -width ratio for the property. The Water Works guideline permits a variance from this ratio if it is approved by the Board of Directors. Water Works also reports that water service will not be permitted unless the proposed structure is within 450 feet of an approved fire hydrant. Water Works reports that a pro-rata front footage charge of $15.00 per foot of frontage on Alexander Road will apply, in addition to the normal connection fee. Water Works adds that if the applicant cannot obtain the required frontage on Alexander Road, or his proposed home is beyond 3 September 7, 1993 ITEM 7 (Continued) FILE NO.: S-991 450 feet to the fire hydrant on Alexander Road, he will be required to install a water main to his property in a minimum 150-foot utility easement, and install a private fire hydrant. Wastewater Utility reports that sewer service is not available to the lot without major main extensions of at least 1,000 feet uphill from the west or in excess of 1,500 feet to the east. D. ISSQESILEGALITECHNICALIDESIQ : The Subdivision Ordinance, Section 31-2, Definitions, and Section 31-5, Jurisdiction and Application, define a subdivision as "all divisions of a tract... into one (1.) or, more lots,...sites, or other divisions for the purpose ... for sale of building development, and shall include all divisions... involving the need for new access (or) a new street..." Both division, however, exclude "the division of land into parcels greater than five (5) acres, provided each newly created lot or parcel has minimum lot frontage on a dedicated public street...." The Subdivision Ordinance, Section 31-231, states that "every lot shall abut upon a public street, except where private streets are explicitly approved...." Section 31-396 of the Subdivision Ordinance states that "in all subdivisions..., the subdivider shall install, at his own expense, or to have installed by the appropriate public utility certain specified improvements...." The sections which follow list the "specified improvements as: streets, curb and gutters, water supply, sanitary sewage disposal (public system or appropriate individual private system where applicable), storm drainage, sidewalks, street lighting, fire hydrants, etc. Section 31-36 and the following sections of the Subdivision Ordinance require a plat review and approval process to include the preparation, review, and approval of a preliminary plat for all subdivisions of land, installation of the required improvements and monuments, and the filing of a final plat and Bill of Assurance. E. ANALYSIS: The original and subsequent owner of the 15-acre tract, who have sold two parcels of less than 5 acres each, one of which does not abut a public street, are in technical violation of the Subdivision Ordinance in the areas cited above. The applicant simply bought a parcel of land and arranged a VA loan for the purchase of the land and 4 September 7, 1993 ITEM NO.: 7 (Continued) FILE NO.: S-991 construction of a home for himself, but has hit the proverbial "brick wall" in an attempt to get the permits necessary to proceed with his plan. The applicant, in apparent good faith, and relying on the expertise of professionals in the real estate business, bought the land through a licensed real estate agent who should have known that the transaction would produce a subdivision which is in technical violation of the Subdivision Ordinance. The surveyor should have know. The title or abstract company should have known. The Circuit Clerk and Recorder's office should have know. The VA appraiser should have known. The applicant, though, is the one who is suffering the consequences of professionals not warning him that what he was doing would not be permitted. F. STAFF RECOMMENDATIONS: Staff recommends approval of the waiver of the Subdivision Ordinance requirements for this one individual applicant so that he may construct his home on the 4-acre tract. SUBDIVISION COMMITTEE COMMEUT: (August 5, 1993) Staff presented the background of the applicant's situation and request, and indicated that the item was being presented to the Committee as an "add -on" item to the Committee agenda which would be placed on the September 7 Planning Commission agenda. The Committee reviewed the special circumstances of the request, and forwarded the application to the full Commission for review. PLANNING COMMISSION ACTION: (September 7, 1993) The applicant was present. Staff presented the request and outlined the sequence of events which led up to the current situation. The applicant indicated that Staff's presentation reflected the situation in which the applicant found himself. Without further discussion, a motion was made and seconded to recommend approval of the waivers and variance to the Hoard of Directors. The motion passed with 8 ayes, no nays, and 3 absent. 5 1. Meeting Date: 2. Case No.: September 21, 1993 5-991 3. Request: a. Waiver from all Subdivision Ordinance requirements for the applicant's 4-acre tract to include waivers from the requirements to: 1) present for review and approval a preliminary then final plat of the tract; 2) provide frontage for the tract on a public street; and, 3) provde for the construction Of street improvements to the tract. b. Variance from the Water Utilities guideline which would require the frontage on Alexander Road to be 64.25 feet in order to receive public water service, and permit a frontage of 20 feet. 4. Location: 9505 Alexander Road 5. owner/Applicant: Joe Waters 6. Existing Status: The site is presently a pasture, located 330 feet south of Alexander Road, with access to the site by way of an access easement. The site was part of a 15-acre tract from which the owner at the time divided a homesite for himself and sold the remaining 14 acres. The owner of the 14-acre tract subsequently sold the applicant a 4-acre tract for a homesite. When the applicant attempted to get a building permit and apply for public water service, he found that he was the victim of an illegal subdivision process extending back a number of years. He already has his VA loan in place and time is counting on his interim financing. He is unable to assume additional debt to acquire frontage on Alexander Road; however, he is attempting to negotiate with the one who sold him the land for this frontage. 7. Proposed Use: Single-family Residential S. Staff Recommendation: Approval 9. Planning Commission Recommendation: Approval 10. Conditions or Issues Remaining to be Resolved: None 11. Right -of -Way Issues: None 12. Recommendation Forwarded With: A vote of 8 ayes, 0 nays, 3 absent, and 0 abstentions 13. objectors: None 14. Nei hborhood Plan: Geyer Springs - West (15) September 7, 1993 ITEM NO._:7 FILE NO.: 0-991 NAME: 9505 Alexander Road - Subdivision Ordinance Waiver LOCATION: Approximately 330 feet south of Alexander Road, off the end of the paved section of Alexander Road approximately 1,000 feet east of Sardis Road, at 9505 Alexander Road. DEVELOPER• ENGINEER• JOE WATERS EDWARD LOFTON 6507 Fourche Dam Pike 15415 Oakcrest Little Rock, AR 72206 Little Rock, AR 72206 490-0695 888-5232 ARFA: 4.0 ACRES NUMBER OF LOTS: 1 FT. NEW STREET: 0 ZONING R-2 PROPOSED USE: Single Family Residential PLANNING DISTRICT: 15 CENSUS TRACT: 41.04 VARIANCES REQUESTED: 1. Waiver of all Subdivision Ordinance requirements to include: a) the requirement to present for approval a preliminary and final plat of the 4-acre tract owned by the applicant; b) the requirement to provide frontage for the lot on a public street; and c) the requirement to provide for the construction of public or private street improvements to the lot. 2. Variance from the Water utilities guideline which would require a frontage on Alexander Road of 64.25 feet and permit a frontage of 20 feet. STATEMENT OF PR P AL• The applicant states that in the summer of 1992, he purchased a 4-acre tract of land which lies approximately 330 feet south of Alexander Road, with access to Alexander Road by way of a 20-foot access easement across property retained by the seller. The applicant relates that the property is part of a 15-acre tract out of which two tracts have now been divided, one in 1990 and the applicant's in 1992. IN 1990, a 1.64 acre site was sold which fronts on an un-opened portion of the Alexander Road right- of-way and which gains access to the improved portion of Alexander Road by way of a 35-foot access easement along the west side of the property on property retained by the seller. This tract is immediately north of the applicant's tract and lies September 7, 1993 IT 7 n n FILE - between Alexander Road and the applicant's property. The applicant's 20-foot access easement to Alexander Road is within the 35-foot access easement granted to the lot previously sold. The seller of the applicant's tract, as well as the owner/seller of the previously sold tract have, in effect, been subdividing their property in violation of the Subdivision Ordinance, and have created lots which do not abut improved streets. The applicant, in making application for a building permit to construct his home on the tract he purchased, has been confronted with the situation that he is unable to gain approval for a building permit or to obtain public utility services. The Subdivision Ordinance provides that minimum 5-acre tracts may, if they have frontage of a public street, be sold from larger tracts without complying with the Ordinance. The applicant maintains that he has not been able, because of financial limitations and restrictions imposed by his VA loan, to purchase an additional acre of land. Instead, he proposes that a waiver be granted of all Subdivision Ordinance requirements which relate to his situation, and he be permitted to construct his home on the 4-acre tract "as is'", with the tract not abutting a street and his having access to the property by way of the 20- foot access easement. Water Utilities requires that, for the tract to have service from the water main in Alexander road, the tract must have frontage on Alexander Road. The amount of frontage required by Water Utilities guidelines is based on a ratio of 15:1 depth of lot to width of frontage. For the applicant to have service from the Alexander Road main, then, based on the depth of his tract, he would have to have frontage of 64.25 feet. Water Utility's minimum frontage is 20 feet. The applicant proposes, that, if he is able to acquire ownership of the 20-foot access easement for frontage, a variance be granted by the Board of Directors to allow the 20-foot frontage to suffice in lieu of the 64.25 foot requirement based on the 15:1 ratio. A. PRQPQSALIREQQEST: The applicant requests review by the Planning Commission and approval by the Board of Directors for a waiver from all Subdivision Ordinance requirements relative to the 4-acre tract he purchased in 1992 and on which he proposes to construct a home. He requests a waiver from the Subdivision Ordinance requirement which would require a preliminary - then -final plat of his 4-acre lot, or its inclusion in a plat of the entire 15-acre tract from which his site is derived. He requests a waiver from the requirement which would require that his lot abut a public street or that street improvements be provided by him or by the seller of F, September 7, 1993 ITEM 7 C n in FILE - 1 the tracts to his particular lot or to the boundary street (Alexander Road) to the 15-acre tract. The applicant requests, if he is able to obtain ownership of the easement by which he now gains access to his property, approval by the Board of Directors of a variance from the Water Utilities guideline which would require, in order to have water service from the Alexander Road main, a frontage on Alexander Road of 64.25 feet and permit frontage of 20 feet. B. EXISTING CONDITIONS: The site is approximately 330 feet south of Alexander Road and 1,000 feet east of Sardis Road. Alexander road "dead - ends" at the access easement which provides access to this site and the abutting property which lies between the applicant's property and Alexander Road. Besides the home on the 1.64-acre site lying between the applicant's tract and Alexander Road, there are scattered homesites on large tracts on both sides of Alexander Road from Sardis Road east to the dead-end of Alexander Road. Immediately west of the applicant's tract is a large ravine which is heavily wooded and overgrown. The applicant's site is pasture land with scattered trees and medium height grasses. There is no development beyond, to the east and south, of the property. The zoning of the applicant's and all surrounding property is R-2. C. NQT _ERING/UTILITY COMMENTS: Engineering Division indicates that it will not comment on this request. Little Rock Water Works reports that water service is available on Alexander Road; however, in order for the applicant's lot to receive service, either the lot will have to have at least a minimum 64.25 foot frontage on Alexander Road or a water main will have to be extended by the applicant to the property. The 64.25 foot frontage requirement is based on the Water Works guideline which requires a 15:1 depth -to -width ratio for the property. The Water Works guideline permits a variance from this ratio if it is approved by the Board of Directors. Water Works also reports that water service will not be permitted unless the proposed structure is within 450 feet of an approved fire hydrant. Water Works reports that a pro-rata front footage charge of $15.00 per foot of frontage on Alexander Road will apply, in addition to the normal connection fee. Water Works adds that if the applicant cannot obtain the required frontage on Alexander Road, or his proposed home is beyond 3 September 7, 1993 ITEM 7 n iz� FILE - 1 450 feet to the fire hydrant on Alexander Road, he will be required to install a water main to his property in a minimum 150-foot utility easement, and install a private fire hydrant. Wastewater Utility reports that sewer service is not available to the lot without major main extensions of at least 1,000 feet uphill from the west or in excess of 1,500 feet to the east. D. ISSUES JLEGAL(TECHNICAL,/DESIG The Subdivision Ordinance, Section 31-2, Definitions, and Section 31-5, Jurisdiction and Application, define a subdivision as "all divisions of a tract ... into one (1) or more lots,...sites, or other divisions for the purpose ... for sale of building development, and shall include all divisions... involving the need for new access (or) a new street..." Both division, however, exclude "the division of land into parcels greater than five (5) acres, provided each newly created lot or parcel has minimum lot frontage on a dedicated public street...." The Subdivision Ordinance, Section 31-231, states that "every lot shall abut upon a public street, except where private streets are explicitly approved...." Section 31-396 of the Subdivision Ordinance states that "in all subdivisions..., the subdivider shall install, at his own expense, or to have installed by the appropriate public utility certain specified improvements .... 11 The sections which follow list the "specified improvements as: streets, curb and gutters, water supply, sanitary sewage disposal (public system or appropriate individual private system where applicable), storm drainage, sidewalks, street lighting, fire hydrants, etc. Section 31-36 and the following sections of the Subdivision Ordinance require a plat review and approval process to include the preparation, review, and approval of a preliminary plat for all subdivisions of land, installation of the required improvements and monuments, and the filing of a final plat and Bill of Assurance. E. ANALYSIS: The original and subsequent owner of the 15-acre tract, who have sold two parcels of less than 5 acres each, one of which does not abut a public street, are in technical violation of the Subdivision Ordinance in the areas cited above. The applicant simply bought a parcel of land and arranged a VA loan for the purchase of the land and 4 September 7, 1993 ITEM 7 n in FILE NO.: S-991 construction of a home for himself, but has hit the proverbial "brick wall" in an attempt to get the permits necessary to proceed with his plan. The applicant, in apparent good faith, and relying on the expertise of professionals in the real estate business, bought the land through a licensed real estate agent who should have known that the transaction would produce a subdivision which is in technical violation of the Subdivision Ordinance. The surveyor should have know. The title or abstract company should have known. The Circuit Clerk and Recorder's office should have know. The VA appraiser should have known. The applicant, though, is the one who is suffering the consequences of professionals not warning him that what he was doing would not be permitted. -:-[.---- Staff recommends approval of the waiver of the Subdivision Ordinance requirements for this one individual applicant so that he may construct his home on the 4-acre tract. BQIVY I N COMMITTEE COMMENT: (August 5, 1993) Staff presented the background of the applicant's situation and request, and indicated that the item was being presented to the Committee as an "add -on" item to the Committee agenda which would be placed on the September 7 Planning Commission agenda. The Committee reviewed the special circumstances of the request, and forwarded the application to the full Commission for review. PLANNING COMMISSION ACTION: (September 7, 1993) The applicant was present. Staff presented the request and outlined the sequence of events which led up to the current situation. The applicant indicated that Staff's presentation reflected the situation in which the applicant found himself. without further discussion, a motion was made and seconded to recommend approval of the waivers and variance to the Board of Directors. The motion passed with 8 ayes, no nays, and 3 absent. 5 September 7, 1993 ITEM NO.; 7 (Continued) FILE NO.; S-991 construction of a home for himself, but has hit the proverbial "brick wall" in an attempt to get the permits necessary to proceed with his plan. The applicant, in apparent good faith, and relying on the expertise of professionals in the real estate business, bought the land through a licensed real estate agent who should have known that the transaction would produce a subdivision which is in technical violation of the Subdivision Ordinance. The surveyor should have know. The title or abstract company should have known. The Circuit Clerk and Recorder's office should have know. The VA appraiser should have known. The applicant, though, is the one who is suffering the consequences of professionals not warning him that what he was doing would not be permitted. F. STAFF RECOMMENDATIONS: Staff recommends approval of the waiver of the Subdivision Ordinance requirements for this one individual applicant so that he may construct his home on the 4-acre tract. SUBDIVISION COMMITTEE COMMENT: (August 5, 1993) Staff presented the background of the applicant's situation and request, and indicated that the item was being presented to the Committee as an "add -on" item to the Committee agenda which would be placed on the September 7 Planning Commission agenda. The Committee reviewed the special circumstances of the request, and forwarded the application to the full Commission for review. PLANNINQ COMMI SION ACTION: (September 7, 1993) The applicant was present. Staff presented the request and outlined the sequence of events which led up to the current situation. The applicant indicated that Staff's presentation reflected the situation in which the applicant found himself. Without further discussion, a motion was made and seconded to recommend approval of the waivers and variance to the Board of Directors. The motion passed with 8 ayes, no nays, and 3 absent. 5 ORDINANCE NO. 16,493 AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF ORDINANCES OF THE CITY OF LITTLE ROCK, ARKANSAS, PROVIDING FOR A WAIVER OF ALL SUBDIVISION REGULATION REQUIREMENTS FOR PROPERTY IN THE NW 1/4 NE 1/4, SECTION 15, T-1-S, R-13-W, PULASKI COUNTY, ARKANSAS AND LOCATED AT 9505 ALEXANDER ROAD (S-991). BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS. SECTION 1. That Chapter 31 of the Code of Ordinances be amended to provide for a waiver of requirements within the Subdivision Regulations of the City of Little Rock for the following described property. A parcel of land in the NW 1/4 NE 1/4, Section 15, T-1-S, R-13-W, located at 9505 Alexander Road (S-991), and more particularly described as follows: Beginning at a point 3631 south of the NE corner of said NW 1/4 NE 1/4, thence south 600.81, thence S 880231 W 2901, thence N 600.81, thence N 880231 E 2901 to the POB, containing 4.0 acres, more or less, together with a 201 ingress -egress easement described as follows: Beginning 2241 west of the NE corner of the NW 1/4 NE 1/4, Section 15, T-1-S, R-13-W, thence S 20411 W 363.41, thence S 880231 W 201, thence N 20411E 363.41, thence N 880231E 201 to the POB. Subsection a. That Chapter 31, Section 31-36 through Section 31-177 be amended to waive the requirements for a preliminary plat review and approval process, installation of required improvements and monuments, and the filling of a final plat and Bill of Assurance. Subsection b. That Chapter 31, Section 396 be amended to waive the requirements for the subdivider to install specified improvements to include streets, curb and gutters, water supply, sanitary sewage disposal, storm drainage, sidewalks, street lighting, fire hydrants, etc. Subsection c. That Chapter 31, Section 31-231, Section 31-2, and Section 31-5 be amended to waive the requirement for every lot to abut upon a public street except where private streets are explicitly approved. Subsection d. That Chapter 31, Section 31-2 and Section 31-5 be amended to waive the requirement that all divisions of a tract into one (1) or more lots, sites, or other divisions which are greater than five (5) acres, provided each newly created lot or parcel has minimum lot frontage on a dedicated public street, be defined as a subdivision and be required to conform to the Subdivision Regulations of the City of Little Rock, Arkansas. SECTION 2. This ORDINANCE shall take effect immediately upon its passage. PASSED: Septenber 21, 1993 ATTEST: Robbie Hancock City Clerk APPROVED: Jesse Mason, Jr. Vice Mavor September 7, 1993 IT 7 FILE - NAME: 9505 Alexander Road - Subdivision Ordinance Waiver LOCATION: Approximately 330 feet south of Alexander Road, off the end of the paved section of Alexander Road approximately 1,000 feet east of Sardis Road, at 9505 Alexander Road. DEVELOPER: ENGINEER• JOE WATERS EDWARD LOFTON 6507 Fourche Dam Pike 15415 Oakcrest Little Rock, AR 72206 Little Rock, AR 72206 490-0695 888-5232 ARE : 4.0 ACRES NUMBER OF LOTS: 1 FT. NEW STREET: 0 ZONING: R-2 PROPOSED USE: Single Family Residential PLANNING DISTRICT: 15 CENSUS TRACT: 41.04 VARIANCEVARIANCE19 RE E TED: 1. Waiver of all Subdivision Ordinance requirements to include: a) the requirement to present for approval a preliminary and final plat of the 4-acre tract owned by the applicant; b) the requirement to provide frontage for the lot on a public street; and c) the requirement to provide for the construction of public or private street improvements to the lot. 2. Variance from the Water Utilities guideline which would require a frontage on Alexander Road of 64.25 feet and permit a frontage of 20 feet. STATEMENT OF PROPOSAL: The applicant states that in the summer of 1992, he purchased a 4-acre tract of land which lies approximately 330 feet south of Alexander Road, with access to Alexander Road by way of a 20-foot access easement across property retained by the seller. The applicant relates that the property is part of a 15-acre tract out of which two tracts have now been divided, one in 1990 and the applicant's in 1992. IN 1990, a 1.64 acre site was sold which fronts on an un-opened portion of the Alexander Road right- of-way and which gains access to the improved portion of Alexander Road by way of a 35-foot access easement along the west side of the property on property retained by the seller. This tract is immediately north of the applicant's tract and lies September 7, 1993 ITEM NO, 7 (�i�zued) FILE between Alexander Road and the applicant's property. The applicant's 20-foot access easement to Alexander Road is within the 35-foot access easement granted to the lot previously sold. The seller of the applicant's tract, as well as the owner/seller of the previously sold tract have, in effect, been subdividing their property in violation of the Subdivision Ordinance, and have created lots which do not abut improved streets. The applicant, in making application for a building permit to construct his home on the tract he purchased, has been confronted with the situation that he is unable to gain approval for a building permit or to obtain public utility services. The Subdivision Ordinance provides that minimum 5-acre tracts may, if they have frontage of a public street, be sold from larger tracts without complying with the Ordinance. The applicant maintains that he has not been able, because of financial limitations and restrictions imposed by his VA loan, to purchase an additional acre of land. Instead, he proposes that a waiver be granted of all Subdivision Ordinance requirements which relate to his situation, and he be permitted to construct his home on the 4-acre tract "as is", with the tract not abutting a street and his having access to the property by way of the 20- foot access easement. Water Utilities requires that, for the tract to have service from the water main in Alexander road, the tract must have frontage on Alexander Road. The amount of frontage required by Water Utilities guidelines is based on a ratio of 15:1 depth of lot to width of frontage. For the applicant to have service from the Alexander Road main, then, based on the depth of his tract, he would have to have frontage of 64.25 feet. Water Utility's minimum frontage is 20 feet. The applicant proposes, that, if he is able to acquire ownership of the 20-foot access easement for frontage, a variance be granted by the Board of Directors to allow the 20-foot frontage to suffice in lieu of the 64.25 foot requirement based on the 15:1 ratio. A. PRQPQSALIREQPEbS : The applicant requests review by the Planning Commission and approval by the Board of Directors for a waiver from all Subdivision Ordinance requirements relative to the 4-acre tract he purchased in 1992 and on which he proposes to construct a home. He requests a waiver from the Subdivision Ordinance requirement which would require a preliminary - then -final plat of his 4-acre lot, or its inclusion in a plat of the entire 15-acre tract from which his site is derived. He requests a waiver from the requirement which would require that his lot abut a public street or that street improvements be provided by him or by the seller of 2 September 7, 1993 ITEM NO,: 7 (Continued) FILE NO.: E-291 the tracts to his particular lot or to the boundary street (Alexander Road) to the 15-acre tract. The applicant requests, if he is able to obtain ownership of the easement by which he now gains access to his property, approval by the Board of Directors of a variance from the Water Utilities guideline which would require, in order to have water service from the Alexander Road main, a frontage on Alexander Road of 64.25 feet and permit frontage of 20 feet. B. EXISTING CONDITIONS: The site is approximately 330 feet south of Alexander Road and 1,000 feet east of Sardis Road. Alexander road "dead - ends" at the access easement which provides access to this site and the abutting property which lies between the applicant's property and Alexander Road. Besides the home on the 1.64-acre site lying between the applicant's tract and Alexander Road, there are scattered homesites on large tracts on both sides of Alexander Road from Sardis Road east to the dead-end of Alexander Road. Immediately west of the applicant's tract is a large ravine which is heavily wooded and overgrown. The applicant's site is pasture land with scattered trees and medium height grasses. There is no development beyond, to the east and south, of the property. The zoning of the applicant's and all surrounding property is R-2. C. ENGINEERINGIQTILITY COMMENTS: Engineering Division indicates that it will not comment on this request. Little Rock Water Works reports that water service is available on Alexander Road; however, in order for the applicant's lot to receive service, either the lot will have to have at least a minimum 64.25 foot frontage on Alexander Road or a water main will have to be extended by the applicant to the property. The 64.25 foot frontage requirement is based on the Water Works guideline which requires a 15:1 depth -to -width ratio for the property. The Water Works guideline permits a variance from this ratio if it is approved by the Board of Directors. Water Works also reports that water service will not be permitted unless the proposed structure is within 450 feet of an approved fire hydrant. Water Works reports that a pro-rata front footage charge of $15.00 per foot of frontage on Alexander Road will apply, in addition to the normal connection fee. Water Works adds that if the applicant cannot obtain the required frontage on Alexander Road, or his proposed home is beyond 3 September 7, 1993 ITEM. N4- _ 7 (Cant,ini�gd) _ FILE NO.: 5-991 450 feet to the fire hydrant on Alexander Road, he will be required to install a water main to his property in a minimum 150-foot utility easement, and install a private fire hydrant. Wastewater Utility reports that sewer service is not available to the lot without major main extensions of at least 1,000 feet uphill from the west or in excess of 1,500 feet to the east. D. ISSUES/LEGAL/TECHNICAL./DESIGN: The Subdivision Ordinance, Section 31-2, Definitions, and Section 31-5, Jurisdiction and Application, define a subdivision as "all divisions of a tract ... into one (1) or more lots,...sites, or other divisions for the purpose ... for sale of building development, and shall include all divisions... involving the need for new access (or) a new street ... ° Both division, however, exclude "the division of land into parcels greater than five (5) acres, provided each newly created lot or parcel has minimum lot frontage on a dedicated public street...." The Subdivision Ordinance, Section 31-231, states that "every lot shall abut upon a public street, except where private streets are explicitly approved...." Section 31-396 of the Subdivision Ordinance states that "in all subdivisions..., the subdivider shall install, at his own expense, or to have installed by the appropriate public utility certain specified improvements...." The sections which follow list the "specified improvements as: streets, curb and gutters, water supply, sanitary sewage disposal (public system or appropriate individual private system where applicable), storm drainage, sidewalks, street lighting, fire hydrants, etc. Section 31-36 and the following sections of the Subdivision Ordinance require a plat review and approval process to include the preparation, review, and approval of a preliminary plat for all subdivisions of land, installation of the required improvements and monuments, and the filing of a final plat and Bill of Assurance. E. AR YOIS: The original and subsequent owner of the 15-acre tract, who have sold two parcels of less than 5 acres each, one of which does not abut a public street, are in technical violation of the Subdivision Ordinance in the areas cited above. The applicant simply bought a parcel of land and arranged a VA loan for the purchase of the land and 4