Developer withdraws Archer’s Point Lot 74 variance after fire‑safety and self‑inflicted‑hardship concerns

The Johnson City Regional Planning Commission on Sept. 9 heard extensive debate over a replat and variance request for Archer’s Point that would recreate Lot 74 and leave a cul‑de‑sac with a 78‑foot diameter instead of the 96‑foot diameter required by current subdivision regulations. After discussion and safety concerns from the fire department, the applicant withdrew the request before a commission vote.

Why it matters: Staff and the commission framed the request as an after‑the‑fact variance because the cul‑de‑sac was built to a smaller diameter than the final plat required. Subdivision variances can be granted only where strict adherence would cause undue hardship or where topographical conditions exist; an applicant‑caused error is generally not an approved basis for a variance under the regulations and court interpretations cited by staff.

What staff said: Planning staff explained the background: construction plans and a final plat approved in January and August 2023 showed the required temporary turnaround radius (48 feet) and a 96‑foot diameter. During as‑built inspections and bond release work staff discovered the cul‑de‑sac was built at a 78‑foot diameter. The applicant subsequently submitted a final‑plat amendment and variance request; the planning commission previously denied a similar request in December 2024, and staff again advised that the variance did not meet the hardship test because the issue was self‑inflicted.

Public safety concerns: Johnson City Fire Chief David Veil said ladder trucks could not make the turn at the existing 78‑foot diameter; he described field observations and photos that showed parking and construction debris that would further restrict access. Interim Fire Marshal Steve Alexander confirmed no‑parking/fire‑lane signage had been placed but said parked cars and piled construction materials commonly obstruct such zones. Fire officials emphasized ladder‑truck reach and the need for an 18‑foot clear set‑up width for outriggers; they said the road length and distances discussed could exceed safe ladder reach in some scenarios.

Developer presentation: Developer representative Brandon Stamper said the subdivision’s preliminary plat had initially been approved for 125 lots and that with this change the overall development would now have fewer lots than previously approved (the developer stated roughly 119–120 lots). Stamper said the cul‑de‑sac was completed with curb and top coat and that restoring the temporary cul‑de‑sac per the earlier construction plans would remove curbing and top coat, reroute utilities and require additional work. He estimated the cost to rework the cul‑de‑sac and reroute utilities at about $55,000 (developer estimate).

Commission discussion and legal test: Commissioners repeatedly referenced the subdivision variance standard in which hardships cannot be self‑imposed and cannot be granted for financial gain; staff (Megan) cited Section 1.6 of the Johnson City subdivision regulations and described how courts have interpreted similar variance appeals. Commissioners weighed the developer’s housing arguments against public‑safety precedent and the risk of establishing a lenient standard for after‑the‑fact variances.

Outcome: The applicant asked to withdraw the request before a formal motion was made. Staff confirmed withdrawal is permitted up until the commission vote and the chair accepted the withdrawal. The commission did not take a vote on the variance; the status is recorded as withdrawn.

Next steps: Because the applicant withdrew the request, no variance was granted. Staff said the developer may choose to keep the cul‑de‑sac and Lot 73 in open space (i.e., not add Lot 74), or alternatively to bring the cul‑de‑sac into compliance if they wish to pursue Lot 74 in the future. Fire and engineering staff signaled they would prefer compliance with the current subdivision standard if the lot is to be created.