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Panel approves blanket plat variances to match incorrect setbacks on Arrowhead and Forest Hills plat

2664795 · March 17, 2025
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Summary

Officials approved variances for lots in the Arrowhead and Forest Hills subdivision to align lot setbacks with notes that were recorded on the final plat, rather than with R2 zoning setbacks, after staff said the plat contained incorrect setback notes.

Meeting attendees approved variances to allow lot setbacks in the Arrowhead and Forest Hills subdivision to match the setback table that was recorded on the subdivision plat, rather than the defaults in the R2 zoning district.

Matt, the city staff member presenting the item, said the plat includes a note (note 6) listing building setbacks that do not match R2 zoning standards and that the discrepancy persisted through preliminary and final plat review. "Out of those, the only only 1 of those which is actually correct for the R2 zone is the 30 foot rear setback. Everything else is, incorrect," he said, explaining that the recorded note shows smaller front and side setbacks than R2 requires.

Staff and the applicant described options considered to resolve the discrepancy: replat the subdivision, rezone the land, or approve variances to align the lots with the recorded plat note. Staff recommended blanket variances for Lots 1 through 38 to match the plat to avoid future confusion when permits or sales are processed.

Builder Brad McGill of Yellowfin Construction described how two houses already built or under construction sit well back on their lots (one about 60 feet from the front, another roughly 720 feet back on a cul-de-sac), and he said it is unlikely many buyers would build to the smaller recorded front setbacks. Resident Jim Hope said he was concerned about changes to the plan over time and that some rear parcels noted as floodplain had been listed for sale. Precision Surveying's representative (identified in the record as Mr. Mars) said the back parcels are bound to front parcels for tax-assessor purposes and that some rear lots are in the floodplain and carry a 50-foot buffer.

After a public hearing and discussion, a voice motion to approve the proposed variances to let lot setbacks reflect those recorded on the plat was seconded and carried. The staff presentation and approvals leave the lots' recorded setbacks in place; staff said affected lots that are in the floodplain remain constrained by floodplain rules and buffers.