26 JAN 12
A G E N D A
BOARD OF ADJUSTMENT
JANUARY 12, 2026
6:00 P.M.
CITY HALL
CITY COUNCIL CHAMBERS
1. CALL TO ORDER: PAGES
2. APPROVAL AND/OR
CORRECTION OF MINUTES: Regular Scheduled Meeting of
November 10, 2025 1-2
3. VARIANCE REQUEST(S): Front Yard Setback Variances
1108 A/B, 1112 A/B, 1116 A/B,
& 1120 A/B Easton Road
Petitioner: H and S Investment Property
Representative: Bond Engineering 3-7
ADJOURNMENT
MINUTES: BOARD OF ADJUSTMENT REGULAR MEETING
DATE AND TIME: January 12, 2026 6:05 p.m. – 6:31 p.m.
ATTENDANCE: Commissioners: Hall, Twitty, Brittenum, Moore, and Chairman Oakley were present.
______________________________________________________________________
City Clerk Susan Davitt recorded those listed above in attendance and Chairman Oakley declared a quorum.
APPROVAL AND/OR CORRECTION OF MINUTES: Commissioner Brittenum moved, seconded by Commissioner Twitty to approve the regular meeting minutes of November 10, 2025. MOTION CARRIED.
VARIANCE(S): Front Yard Setback Variances 1108 A/B, 1112 A/B, 1116 A/B, & 1120 A/B Easton Road
The public hearing opened at approximately 6:06 p.m.
City Engineer Adam Whitlow stated the request is a front setback variance from 25’ to 15’, the lots back up to a swale that feeds an on-site detention pond, and the variance will allow
the structure to be shifted further away from the slope of the swale. He explained it was requested by the owner, a representative was requested to be in attendance, the property was
properly advertised and posted, and Public Works received no phone calls in objection or support. He confirmed that Staff does not support granting this variance due to the hardship
being self-created. He noted this subdivision was just platted approximately a month ago and the developer turned in plans and pulled building permits for these lots. He affirmed the
grade has supposedly caused the developer a hardship, but the developer developed the property, so it is an unusual situation. He related that Staff does not feel as though developers
should create their own hardship and then come request a variance.
Representative Aaron Robinson with Bond Engineering concurred that this is a unique situation. He explained the detention pond sits in the corner of the property and there is a swale
parallel to the road that meets a double pipe going underneath Military Road. He mentioned when they put dirt in to level the lots, the backslope of the ditch was a lot higher, so it
encroaches passed the 25’ rear building line. He related that the proposed duplexes fits within the geometry, but then there is zero backyard. He pointed out that they asked for 10’
because that would give enough room in the back for residents. He stated there will not be any other houses along that side; they will all be opposite to the street, so they feel like
it will not cause too much of a hardship for anyone going around that curve. He noted they would like 10’, but are open to negotiating, although the more they can get, the better it
will be for someone to have a usable backyard. He recalled when Chapel Ridge Apartments were built, there used to be a drainage swale that went through there. He told how there is a
double 24” pipe going underneath Military Road and when those apartments were built, it diverted a lot of the stormwater into their detention pond. He confirmed there is no floodplain
or flooding problem; there is a lot of sandy material and one of the pipes under Military Road was completely clogged before they got ARDoT to clean it. When Commissioner Moore inquired,
he replied that the duplexes would have a one-car garage and be two stories.
Commissioner Moore shared his concern for all of the water that is going to come off of there.
BOARD OF ADJUSTMENT REGULAR MEETING
January 12, 2026 6:05 p.m. – 6:31 p.m.
Mr. Robinson explained the next phase will have roads and additional storm drainage where it will all get diverted to the detention pond. He brought up that the dirt being moved is irrelevant
to the variances; the storm drainage was part of the preliminary plat.
A brief discussion ensued regarding drainage where Mr. Robinson affirmed there is no drainage problem.
When Commissioner Moore brought up a retention wall near a proposed duplex site, City Engineer Whitlow replied that it has not been built yet, but they will see if it needs to be addressed,
confirming the City Inspector will be involved. He affirmed the drainage design is adequate and was addressed on the preliminary plat; if erosion has occurred since, it will be looked
at during final inspection. He reiterated that this is a self-imposed hardship and is not the builders only option.
When Commissioner Brittenum inquired, Mr. Robinson replied there are different options available, but they would like to give more backyard using the footprint the developer wants, which
he has built on Elm Street. He mentioned that even going to 20’ instead of 15’ would help.
Council Member Dr. Trenika McCoy told how she visited the site and supports City Engineer Whitlow’s statement regarding them creating their own hardship. She recommended those who have
not been there to visit before making a decision, since that is one side of town that tends to catch any and everything. She related the developer’s other duplexes do look good, but
for that particular area, it does not fit.
The public hearing closed at approximately 6:27 p.m.
Commissioner Brittenum moved, seconded by Commissioner Moore to deny the front yard setback variance requests at 1108 A/B, 1112 A/B, 1116 A/B, & 1120 A/B Easton Road. MOTION CARRIED.
ADJOURNMENT: Without objection, Chairman Oakley adjourned the meeting at approximately 6:31 p.m. MOTION CARRIED.
Respectfully,
___________________________ ______________________________
Susan L. Davitt CHAIRMAN Jim Oakley
CITY CLERK – TREASURER