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Commission approves annexation of two parcels tied to manufactured-home sales; city to allow variance process for existing, unpermitted structures
Summary
Planning commissioners voted to recommend annexation of two parcels used for manufactured-home storage and a recently built large metal building; staff said annexation will allow the applicant to seek variances from the Board of Zoning Appeals and staff will delay enforcement during the variance process.
The Conway Planning Commission on Jan. 9 voted to recommend annexation of two parcels where a manufactured-home sales operation has been storing display units and where an unpermitted 3,000-plus-square-foot metal building was erected.
Staff described a multi-year history of communication with the property owner and county officials. The owner relocated a manufactured-home sales operation into county parcels and later sought county rezoning; staff said the site began storing units before water service from the city became available. Because the site needs city water to fully comply with county requirements, the owner applied for annexation into the city.
Staff told commissioners that, if annexed and rezoned to the requested city districts, staff and the city administrator would delay additional enforcement while the applicant applies to the Board of Zoning Appeals for variances and submits engineered plans and permit applications. "Staff along with the city administrator have agreed that should the property be annexed and rezoned as requested, staff would delay additional enforcement to give the applicant an opportunity to apply for any needed variances from the Board of Zoning Appeals," a staff member said.
The applicant and his representative described plans to develop the rear parcel with storage and other uses and said they need city utilities to move forward. The applicant's agent said the request included a time-based variance request to allow display of manufactured homes on a separate parcel from the sales office while engineers prepare full site plans. "The thought is... it would continue to allow the mobile home business to operate as is while we got the engineering and everything done," the applicant's agent said during the hearing.
Commission debate focused on whether annexing property that contains nonconforming or unpermitted structures was appropriate. Staff replied that annexation is required if city water is needed and that the Board of Zoning Appeals can grant time-limited variances to achieve compliance; staff added that if variances are denied the city could commence enforcement.
The motion to approve annexation carried with one commissioner recorded in opposition. Commissioners asked staff to ensure that any future permits meet city building standards, and staff said that existing unpermitted structures would be subject to engineering review and building-code inspections if the property is annexed.
Why it matters: Annexation would put the parcels under the city's land-use and permitting rules, allow connection to city water, and start a process to bring existing buildings into compliance or, if variances are denied, permit enforcement action. The applicant says annexation is needed to access utilities required for planned development of the larger tract.
Next steps: If annexation proceeds, the applicant will apply to the Board of Zoning Appeals for variances, submit engineered civil and building plans for review, and, if variances are granted, complete required site improvements and permits for long-term compliance.
