PEA RIDGE -- A request for numerous street variances by a developer to the Planning Commission was met with concern, as granting them would "vitiate" the city law, according to the city attorney.
"To vitiate something is to ruin it or render it ineffective," the Merriam-Webster website states.
At the regular Planning Commission meeting Oct. 6, developer Mike Seay requested being allowed to have driveways from homes on a street labeled as a collector street. The lots on Shrader Road need a "deviation from the Master Street Plan Collector section," according to engineer Braden Wise, representing Seay's interests.
"The driveways along Shrader Road, the newly aligned Shrader Road, since we're pulling it out of that hole, now it's deemed a collector," Seay said.
Pulling the road "out of the hole" is in reference to Seay's design, which included rerouting the dirt road Shrader Road from its course along a creek to a higher spot, including a trail along the creek instead.
Planning Commission member Karen Sherman pointed out the city ordinance prohibits driveways exiting onto collector streets for safety.
Seay said, "It really puts a burden on that neighborhood having two collectors. It's forcing an alley. It would force us not to take Shrader out of the hole. We think it's a better trade off to the city giving you a bike trail."
"It's not cohesive to be a collector," Seay said, saying he was benefiting the city "for us to give a beautiful bike trail in the bottom."
"This is about following the law or not following the law," Sherman said.
"I struggle with the variance piece of this," said Shane Perry, city attorney. "I don't have an issue if this body that approves the master street plan wants to make a different street the collector. It's just as logical for the next street to be a collector."
But, Perry said, "It vitiates the entire ordinance and its application if we give a variance. I have a little bit of a struggle. The other 20 developers, out there, this would open gate over here. That's a struggle for me how to protect the city legally."
Ultimately, the Planning Commission agreed to discuss the issue at a work session and look at the master street plan, but did not grant that variance.
"I don't see connectivity between neighborhoods," Seay said. "The topography in this part of town has created this problem. We're trying to straighten it out and give the city a nice park space, trail, we've fixed a bunch of stuff in town."
Perry said, "I'm not trying to be a jerk but we can't say we need to have a law, have a law and then not apply it."
Seay said if he couldn't come to terms on the variance he may just have to return the path of Shrader to along the creek, but Planning Director Keegan Stanton noted that the master street plan shows the newly aligned Shrader Road no longer runs along the creek, so Seay cannot return to that plan.
"Everyone is sympathetic, appreciative of what you do," Perry said, offering an alternative of re-designating which streets need to be a collector in that neighborhood.
Planners agreed to table the request and discuss it further.
Annette Beard can be reached by email at abeard@nwaonline.com.