FAYETTEVILLE, Ark. (KNWA) — A driveway and garage ordinance that limits the size of residential driveway setbacks and discourages building front-facing double car garages has been tabled by the Fayetteville City Council.
It was standing room only Tuesday night, October 15, after hours of discussion about the ordinance.
Several people expressed concern over what would happen if the ordinance were approved.
The proposed ordinance to amend §172.11 and § 166.08 would reduce driveway widths and make garages further from the street.
It’s intended to promote walkability and encourage traditional town form.
According to the City Plan 2030, it would reduce the amount of concrete, making homes more affordable, while also helping stormwater runoff issues.
But many Realtors, brokers, and attorneys spoke in public comment about how it would actually make homes more unaffordable and create a headache for investments that were made, not to mention stifling the right to choose what your home looks like.
“These people that own real estate who is affected by it, they could have a financial claim against the city. Going back to the way this has been shoved through, I don’t think any study has been done to determine what the liability would be for a disparate impact claim, for a claim for regulatory takings,” says Erik Danielson, an attorney representing clients who own property in Fayetteville.
In a letter from City Attorney Kit Williams to Mayor Jordan, he states the driveway width limitations would cause design and construction issues that would impact backyards, adding the city could find itself in hot water if this were passed.
That’s why he recommended that all land purchased by developers for single-family house construction prior to the effective date of the ordinance be permanently exempted.