Board Of Adjustments — Fayetteville, AR
Date: 2025-10-06
Time: 15:45

113 W. Mountain St.
 Fayetteville, AR 72701

Board of Adjustment Agenda
 City Hall Room 219
 Monday, October 6, 2025
 3:45 PM


 Members
 Chair Erin Adkins-Oury (Exp. 03/27)
 Vice Chair Jason Young (Exp. 03/28)
 Caroline Fox (Exp. 03/27)
 Jennifer Keys (Exp. 03/27)
 Peter Norman (Exp. 03/28)

 City Staff
 Planning Director Jessie Masters
Assistant City Attorney Hannah Hungate
Board of Adjustment October 6, 2025




Zoom Information

 Webinar ID: 837 5931 8036
 Registration Link: https://fayetteville-
 ar.zoom.us/webinar/register/WN_L5jOxvz7Tyat2ldWUE_IIA


Call to Order

Roll Call

 MINUTES:

 Approval of the minutes from the September 8, 2025 meeting.

Unfinished Business

 2. BOA-2025-0016: Board of Adjustment (S. RAZORBACK RD/3 STRANDS
 VENTURES LLC, 599):
 Submitted by COMMUNITY BY DESIGN for property located on S.
 RAZORBACK RD. The property is zoned UT, URBAN THOROUGHFARE and
 contains approximately 3.11 acres. The request is for a variance to setback
 requirements.

 THIS ITEM WAS TABLED AT THE SEPTEMBER 8, 2025 BOARD OF
 ADJUSTMENT MEETING.
 Planner: Jessica Masters
 3. BOA-2025-0017: Board of Adjustment (925 & 942 N OAK DR/PARADIGM
 DEVELOPMENT & PENNINGS, 443):
 Submitted by PARADIGM DEVELOPMENTS for property located at 925 &
 942 N. OAK DR. The property is zoned RSF-4, RESIDENTIAL SINGLE-
 FAMILY, 4 UNITS PER ACRE and contains two parcels of approximately 0.16
 and 0.20 acres. The request is for a variance from lot width and lot area
 requirements.

 THIS ITEM WAS TABLED AT THE SEPTEMBER 8, 2025 BOARD OF
 ADJUSTMENT MEETING.
 Planner: Donna Wonsower
New Business




City of Fayetteville, Arkansas Page 2
Board of Adjustment October 6, 2025



 4. BOA-2025-0018: Board of Adjustment (4102 W. HURON
 LOOP/RIVERWOOD HOMES, 478):
 Submitted by JORGENSEN & ASSOCIATES for property located at 4102 W.
 HURON LOOP. The property is zoned CS, COMMUNITY SERVICES and
 contains approximately 9.97 acres. The request is for a variance to minimum
 buildable street frontage requirements.
 Planner: Wesley Frank


Announcements

Adjournment


NOTICE TO MEMBERS OF THE AUDIENCE
All interested parties may appear and be heard at the public hearings. A copy of the proposed
amendments and other pertinent data are open and available for inspection in the office of City
Planning (479-575-8267), 125 West Mountain Street, Fayetteville, Arkansas. All interested
parties are invited to review the petitions.

Interpreters or TDD (Telecommunication Device for the Deaf) are available for all public
hearings; a 72-hour notice is required. For further information or to request an interpreter,
please call 479-575-8330.

As a courtesy, please turn off all cell phones and pagers.




City of Fayetteville, Arkansas Page 3

113 W. Mountain St.
 Fayetteville, AR 72701

Board of Adjustment Agenda
 City Hall Room 219
 Monday, October 6, 2025
 3:45 PM


 Members
 Chair Erin Adkins-Oury (Exp. 03/27)
 Vice Chair Jason Young (Exp. 03/28)
 Caroline Fox (Exp. 03/27)
 Jennifer Keys (Exp. 03/27)
 Peter Norman (Exp. 03/28)

 City Staff
 Planning Director Jessie Masters
Assistant City Attorney Hannah Hungate
Board of Adjustment October 6, 2025




Zoom Information

 Webinar ID: 837 5931 8036
 Registration Link: https://fayetteville-
 ar.zoom.us/webinar/register/WN_L5jOxvz7Tyat2ldWUE_IIA


Call to Order

Roll Call

 MINUTES:

 Approval of the minutes from the September 8, 2025 meeting.

Unfinished Business

 2. BOA-2025-0016: Board of Adjustment (S. RAZORBACK RD/3 STRANDS
 VENTURES LLC, 599):
 Submitted by COMMUNITY BY DESIGN for property located on S.
 RAZORBACK RD. The property is zoned UT, URBAN THOROUGHFARE and
 contains approximately 3.11 acres. The request is for a variance to setback
 requirements.

 THIS ITEM WAS TABLED AT THE SEPTEMBER 8, 2025 BOARD OF
 ADJUSTMENT MEETING.
 Planner: Jessica Masters
 3. BOA-2025-0017: Board of Adjustment (925 & 942 N OAK DR/PARADIGM
 DEVELOPMENT & PENNINGS, 443):
 Submitted by PARADIGM DEVELOPMENTS for property located at 925 &
 942 N. OAK DR. The property is zoned RSF-4, RESIDENTIAL SINGLE-
 FAMILY, 4 UNITS PER ACRE and contains two parcels of approximately 0.16
 and 0.20 acres. The request is for a variance from lot width and lot area
 requirements.

 THIS ITEM WAS TABLED AT THE SEPTEMBER 8, 2025 BOARD OF
 ADJUSTMENT MEETING.
 Planner: Donna Wonsower
New Business




City of Fayetteville, Arkansas Page 2
Board of Adjustment October 6, 2025



 4. BOA-2025-0018: Board of Adjustment (4102 W. HURON
 LOOP/RIVERWOOD HOMES, 478):
 Submitted by JORGENSEN & ASSOCIATES for property located at 4102 W.
 HURON LOOP. The property is zoned CS, COMMUNITY SERVICES and
 contains approximately 9.97 acres. The request is for a variance to minimum
 buildable street frontage requirements.
 Planner: Wesley Frank


Announcements

Adjournment


NOTICE TO MEMBERS OF THE AUDIENCE
All interested parties may appear and be heard at the public hearings. A copy of the proposed
amendments and other pertinent data are open and available for inspection in the office of City
Planning (479-575-8267), 125 West Mountain Street, Fayetteville, Arkansas. All interested
parties are invited to review the petitions.

Interpreters or TDD (Telecommunication Device for the Deaf) are available for all public
hearings; a 72-hour notice is required. For further information or to request an interpreter,
please call 479-575-8330.

As a courtesy, please turn off all cell phones and pagers.




City of Fayetteville, Arkansas Page 3
 Board of Adjustment - Monday, September 8, 2025
 Time: In: 3:45 PM Out: 3:48 PM
 Staff :
 X
 □ Jessie Masters, Planning Director
 □ Donna Wonsower, Senior Planner
 □ Wesley Frank, Planner
 □ Blake Pennington, Sr Assistant City Attorney
 X
 □ Hannah Hungate, Assistant City Attorney
 Roll Call Meeting Minutes 1) BOA-2025-0016 2) BOA-2025-0017
 8-4-2025 (3 STRANDS (PENNINGS)
 VENTURES LLC)



Fox 1 1 1
Adkins-Oury 1 1 1
Keys 1 1 1
Young 1 1 1

Agenda New New
Motion To: Approve Table Withdrawn
Motion By: Fox Young
Seconded: Young Fox
Vote 4-0-0 4-0-0


Notes


Public Comment: 0 0




 Board of Adjustment
 October 6, 2025
 A video of this meeting is accessible through the link below: MINUTES (September 8, 2025)
 https://reflect-fayetteville-ar.cablecast.tv/CablecastPublicSite/show/9128?site=1 Page 1 of 1
TO: Board of Adjustment

THRU: Jessie Masters, Planning Director

MEETING DATE: October 6, 2025

SUBJECT: BOA-2025-0016: Board of Adjustment (S. RAZORBACK RD/3
 STRANDS VENTURES LLC, 599): Submitted by COMMUNITY BY
 DESIGN for property located on S. RAZORBACK RD. The property is
 zoned R-A, RESIDENTIAL-AGRICULTURAL AND UT, URBAN
 THOROUGHFARE and contains approximately 3.11 acres. The request is
 for a variance to setback requirements.

RECOMMENDATION:
Staff recommends denial of BOA-2025-0016.

RECOMMENDED MOTION:
“I move to approve BOA-2025-0016.”

BACKGROUND:
The subject property is in south Fayetteville on S. Razorback Road, at the point where the Town
Branch Trail crosses the street. The parcel is currently undeveloped, and a significant amount of
the property is located within the floodplain. Further, a portion of the northern property line is
located within the floodway. Currently split-zoned between R-A, Residential Agricultural and UT,
Urban Thoroughfare, the property received this zoning designation in 2024 (Ordinance 6717). No
overlay district currently governs the property. The surrounding land uses and zoning are depicted
in Table 1.

 Table 1:
 Surrounding Land Uses and Zoning
 Direction Land Use Zoning
 North Trail/Parkland P-1, Institutional
 Undeveloped RMF-24, Residential Multi-Family, 24 Units per Acre,
 South CS, Community Services; NS-L, Neighborhood
 Services, Limited
 East Multi-Family Residential NS-G, Neighborhood Services, General
 West Trail/Parkland P-1, Institutional

DISCUSSION:
Request: The applicant is requesting a variance to the 10-foot setback requirement established
by the Urban Thoroughfare zoning district. While the district establishes a build-to zone within 10-
25 feet of the front property line, the applicant seeks a variance to locate structures closer to the
property line than would be permitted by code.




 Board of Adjustment
 October 6, 2025
 Item 2
 BOA-2025-0016 (3 STRANDS VENTURES)
 Page 1 of 13
 Table 2:
 Variance Request
 Variance Issue Requirement Proposal Variance
 Front setback 10 feet 1.65 feet 8.35 feet


Public Comment: Staff has not received any public comment on this item.

RECOMMENDATION: Staff recommends denial of BOA-2025-0016. Should the Board
choose to approve this item, staff recommends the following conditions:

Conditions of Approval:

 1. Approval of this variance is limited to the applicant’s request as described in this
 report, and

 2. Structures within the setback shall have a principal façade which addresses the
 street with direct pedestrian connectivity to S. Razorback Road.

 3. Structures within the setback shall be limited to a building height of three stories.

 4. Approval of this variance does not grant approval of or entitlement to any other
 zoning or development variances.

 BOARD OF ADJUSTMENT ACTION:  Approved  Denied  Tabled

 Date: October 6, 2025

 Motion:

 Second:

 Vote:


City Plan 2040 Future Land Use Designation: City Neighborhood

FINDINGS OF THE STAFF

§156.02. ZONING REGULATIONS.

Certain variances of the zoning regulations may be applied for as follows:

 B. Requirements for Variance Approval.

 1. Where strict enforcement of the zoning ordinance would cause undue
 hardship due to circumstances unique to the individual property under
 consideration; and

Finding: Staff have determined that the applicant has not sufficiently established a
 hardship. The UT (Urban Thoroughfare) zoning district is intentionally
 designed to be highly flexible, supporting high-intensity development with

 Board of Adjustment
 October 6, 2025
 Item 2
 BOA-2025-0016 (3 STRANDS VENTURES)
 Page 2 of 13
 minimal restrictions on lot width, area, and density. The district also permits
 building heights up to seven stories. The applicant cites several constraints
 in their letter, including limited developable area due to floodplain,
 streamside protection zones, and existing easements. However, it is
 important to note that the current zoning designation—split between R-A and
 UT—was requested by the applicant in 2024 specifically to enhance flexibility
 and maximize development potential on the site due to these same
 constraints. As part of the variance request, the applicant proposes
 measuring the build-to zone from the rear edge of the Master Street Plan
 right-of-way rather than from the existing property line. While staff
 acknowledge the applicant’s concerns regarding the interaction between the
 existing and proposed right-of-way lines, staff also inquired whether a right-
 of-way vacation had been pursued. The applicant confirmed that the
 Arkansas Department of Transportation (ARDOT) has indicated such a
 vacation is not feasible in this location. Although this limits certain
 development options, the state agency’s position does not, in itself,
 constitute a hardship under the applicable standards. The applicant has
 chosen to develop the property with a mix of low-density residential types,
 including single-family, two-family, three-family, and four-family dwellings—
 all of which are permitted by-right in the UT zoning district. Despite the cited
 constraints, staff finds that there remains sufficient developable area on the
 site to comply with the setback requirements established by the UT zoning
 designation.

 2. Where the applicant demonstrates that the granting of the variance will be
 in keeping with the spirit and intent of the zoning ordinance.

Finding: Staff finds that granting the requested variance may not fully align with the
 spirit and intent of the zoning district. The UT zoning district is meant to
 “encourage a concentration of commercial and mixed-use development that
 enhances function and appearance along major thoroughfares. Automobile-
 oriented development is prevalent within this district and a wide range of
 commercial uses is permitted.” The 10-foot setback reflects the idea that,
 while form-based in intent, UT is meant to serve higher classification streets
 and higher intensity development. Higher traffic speeds tend to warrant
 deeper setbacks to ensure better pedestrian safety and comfort in between
 the street and the structures; while other form-based districts in
 Fayetteville’s code do not have the 10-foot limitation, this was established
 with the zoning district to help meet the district’s intent. On the other hand,
 the applicant is proposing to construct lower density residential
 development, another by-right use, which is not likely to overpower the
 pedestrian realm along S. Razorback Road. Further, the excess right-of-way
 in certain portions along the applicant’s frontage will likely give the adequate
 spacing to protect pedestrian comfort. Given the applicant’s low-intensity
 proposal, the request may not fully align with the zoning district’s overall
 intent but generally meets the purpose of the requirement.

 C. Minimum Necessary Variance. The Board of Adjustment may only grant the
 minimum variance necessary to make possible the reasonable use of the
 applicant’s land, building or structure.


 Board of Adjustment
 October 6, 2025
 Item 2
 BOA-2025-0016 (3 STRANDS VENTURES)
 Page 3 of 13
Finding: Staff finds that the applicant has not adequately provided a case for a
 hardship, nor does encroachment into the setback meet the spirit and intent
 of the zoning district. The property is developable without this variance.

 D. Special Conditions. In granting a zoning regulation variance, the Board of
 Adjustment may impose whatever special conditions found necessary to ensure
 compliance and to protect adjacent property.

Finding: Should the Board choose to approve this variance, staff has recommended
 conditions of approval as outlined above.

 E. Non-permitted Uses. The Board of Adjustment may not grant, as a variance, any
 use in a zone that is not permitted under the zoning ordinance.

Finding: None are requested.

BUDGET/STAFF IMPACT:
None

ATTACHMENTS:
  • One Mile Map
  • Close-Up Map
  • Current Land Use Map
  • Unified Development Code
 o §161.24 Urban Thoroughfare
  • Request Letter
  • Site Plan
  • ARDOT Vacation Response




 Board of Adjustment
 October 6, 2025
 Item 2
 BOA-2025-0016 (3 STRANDS VENTURES)
 Page 4 of 13
161.24 Urban Thoroughfare
(A) Purpose. The Urban Thoroughfare District is designed to provide goods and services for persons living in the
 surrounding communities. This district encourages a concentration of commercial and mixed use development
 that enhances function and appearance along major thoroughfares. Automobile-oriented development is
 prevalent within this district and a wide range of commercial uses is permitted. For the purposes of Chapter 96:
 Noise Control, the Urban Thoroughfare district is a commercial zone. The intent of this zoning district is to
 provide standards that enable development to be approved administratively.
(B) Uses.
 (1) Permitted Uses.
  Unit 1 City-wide uses by right
  Unit 4 Cultural and recreational facilities
  Unit 5 Government facilities
  Unit 8 Single-family dwellings
  Unit 9 Two (2) family dwellings
  Unit 10 Three (3) and four (4) family dwellings
  Unit 13 Eating places
  Unit 14 Hotel, motel and amusement services
  Unit 16 Shopping goods
  Unit 17 Transportation trades and services
  Unit 18 Gasoline service stations and drive-in/drive-through
 restaurants
  Unit 19 Commercial recreation, small sites
  Unit 24 Home occupations
  Unit 25 Offices, studios, and related services
  Unit 26 Multi-family dwellings
  Unit 34 Liquor store
  Unit 40 Sidewalk cafes
  Unit 41 Accessory Dwellings
  Unit 44 Cluster Housing Development
  Unit 45 Small scale production
  Unit 46 Short-term rentals



 Note: Any combination of above uses is permitted upon any lot within this zone. Conditional uses shall need
 approval when combined with pre-approved uses.
 (2) Conditional Uses.
  Unit 2 City-wide uses by conditional use permit
  Unit 3 Public protection and utility facilities
  Unit 20 Commercial recreation, large sites
  Unit 21 Warehousing and wholesale
  Unit 28 Center for collecting recyclable materials
  Unit 29 Dance halls
  Unit 33 Adult live entertainment club or bar
  Unit 35 Outdoor music establishments
  Unit 36 Wireless communication facilities
  Unit 38 Mini-storage units
  Unit 42 Clean technologies
  Unit 43 Animal boarding and training
  Unit 48 Private dormitories



(C) Density. None
(D) Bulk and Area Regulations.

 Board of Adjustment
 October 6, 2025
 Item 2
 BOA-2025-0016 (3 STRANDS VENTURES)
 Page 5 of 13
 (1) Lot Width Minimum.
 Single-family dwelling 18 feet
 All other dwellings None
 Non-residential None



 (2) Lot area minimum. None
(E) Setback regulations.
 Front: A build-to zone that is located
 between 10 feet and a line 25
 feet from the front property line.
 Side and rear: None
 Side or rear, when contiguous to 15 feet
 a single-family residential district:

(F) Building Height Regulations.
 Building Height Maximum 5 stories/7 stories*



 * A building or a portion of a building that is located between 10 and 15 feet from the front property line or any
 master street plan right-of-way line shall have a maximum height of five (5) stories. A building or portion of a
 building that is located greater than 15 feet from the master street plan right-of-way shall have a maximum
 height of seven (7) stories.
 If a building exceeds the height of two (2) stories, the portion of the building that exceeds two (2) stories shall
 have an additional setback from any boundary line of an adjacent single family district. The amount of
 additional setback for the portion of the building over two (2) stories shall be equal to the difference between
 the total height of that portion of the building, and two (2) stories.
(G) Minimum buildable street frontage. 50% of the lot width.
(Ord. No. 5312, 4-20-10; Ord. No. 5339, 8-3-10; Ord. No. 5353, 9-7-10; Ord. No. 5462, 12-6-11; Ord. No. 5592, 6-18-
13; Ord. No. 5664, 2-18-14; Ord. No. 5735, 1-20-15; Ord. No. 5800, §1(Exh. A), 10-6-15; Ord. No. 5921, §1, 11-1-16;
Ord. No. 5945, §§5, 7, 8, 1-17-17; Ord. No. 6015, §1(Exh. A), 11-21-17; Ord. No. 6223, §1, 9-3-19; Ord. No. 6427,
§§1(Exh. C), 2, 4-20-21; Ord. No. 6879, §2, 5-20-25)

Editor's note(s)—Ord. No. 6888, §1, adopted June 17, 2025 determines that Ordinance 6427 (Sunset Clause),
 Ordinance 6625 (extending Sunset Clause), Ordinance 6710 (extending the Sunset Clause), and Ordinance
 6820 (extending the Sunset Clause) be amended so that Ordinance 6427 and all amendments to Code
 Sections ordained or enacted by Ordinance 6427 shall automatically sunset, be repealed and become void on
 November 30, 2025 unless prior to that time and date the City Council amends this ordinance to repeal or
 further amend this sunset, repeal and termination section.




 Board of Adjustment
 October 6, 2025
 Item 2
 BOA-2025-0016 (3 STRANDS VENTURES)
 Page 6 of 13
 N
 BOA-2025-0016 S. RAZORBACK RD
 One Mile View




 RAZORBACK RD
 0 0.13 0.25 0.5 Miles
 C-2 RPZD

 RMF-24




 HOLLYWOOD AV E
 CS



 RMF-12 I-2
 RA
F UT
 D
 LL
 H 15TH 15TH ST
 1 5TH ST 15T
 R
 S T  S T NS-G
 Subject Property


 49
 UT P-1
 NC




 RI-12
 49 RI-U
 D
 I-1
 KR



 SHILOH DR
 AC
 R-A
 RA
 ZO
 RB
 CATO SPRINGS RD




 B

 FUL BRIG
 FUL
 RIG
 RSF-4
 HT HT
 P PY
 EX Y EX

 Regional Link

 Neighborhood Link

 Regional Link - High Activity

 Freeway/Expressway

 Unclassified

 Alley

 Residential Link

 Planned Neighborhood Link

 Shared-Use Paved Trail

 Trail (Proposed)

 Design Overlay District
 Fayetteville City Limits Planning Area
 Planning Area
 Board of Adjustment
 Fayetteville City Limits October 6, 2025
 Item 2
 BOA-2025-0016 (3 STRANDS VENTURES)
 Page 7 of 13
 BOA-2025-0016 S. RAZORBACK RD
 Close Up View


 C-2

 CROWNE DR



 WAY


ARIZONA DR
 CON

 SON D PL
 R RMF-24

 RADIS
 D R
 OND Subject Property
 RICHM
 P-1
 R-A Town Bra
 nch Tr
 ail
 RD
 ACK

 ORB
 NS-G
 UT RAZ




 18TH ST
 NS-L




 VALE AVE
 I-1
 NET
 HE
 R
 WA L AND



 ASHWOOD AVE
 CS Y
 RSF-4




 RI-12



 Regional Link
 SLIGO ST
 N
 Unclassified

 Residential Link

 Planning Area
 Feet
 Fayetteville City Limits
 Shared-Use Paved Trail 0 75 150 300 450 600
 Trail (Proposed) 1:2,400 Board of Adjustment
 October 6, 2025
 Item 2
 BOA-2025-0016 (3 STRANDS VENTURES)
 Page 8 of 13
 N
BOA-2025-0016 S. RAZORBACK RD
 Current Land Use

 15TH ST 15TH ST
 15TH
 ST




 Multi-Family Residential




 U of A -
 Roadhog Park
 Subject Property
 Multi-Family Residential



 O OD AVE

 HW
 EC
 BE
 18TH ST




 ASHWOOD AVE
 Multi-Family Residential &
 Single-Family Residential
 RD
 CK

 R AZ
 ORB
 A
 ARROWHEAD ST


 Regional Link

 Neighborhood Link

 Regional Link - High Activity

 Unclassified
 Feet
 Residential Link

 Trail (Proposed) 0 112.5 225 450 675 900
 Planning Area
 Fayetteville City Limits
 1:3,600 Board of Adjustment
 October 6, 2025
 Item 2
 BOA-2025-0016 (3 STRANDS VENTURES)
 Page 9 of 13
August 29, 2025
Via Email: jmasters@fayetteville-ar.gov

Ms. Jessie Masters
Zoning and Development Administrator
City of Fayetteville
125 West Mountain Street
Fayetteville, Arkansas 72701

Razorback Road and Town Branch – Variance Request

Ms. Masters,

Please allow this letter to serve as a variance request from the zoning regulations set forth in Chapter 161 of the City of
Fayetteville Unified Development Code, specifically 161.12(E) Setback Regulations. The property, Washington County
Parcel 765-14877-000, contains 3.06 acres and is zoned Urban Thoroughfare along its Razorback Road street frontage.
Well over half the property, 1.81 acres, is located in floodplain associated with Town Branch Creek. Building on 0.85
acres is not possible due to existing floodway and the streamside protection ordinance. Some limited development may be
possible on 0.95 acres located in the floodplain but outside the floodway. This would leave only 1.26 acres that are more
buildable, but even that is encumbered with a 500 year floodplain, transmission utility easements, and building setbacks.
This all makes being able to build on the southeasterly portion of the property, close to Razorback Road, critical.

Furthermore, there are 2 right of way conditions along the property frontage on Razorback Road, an extremely wide right
of way condition to the north and a wider than normal condition to the south. See attached Exhibit #1 and Exhibit #2. In
both conditions, existing right of way from centerline is greater than what is required by the Master Street Plan. On the
south end, the existing right of way from centerline to the west measures 54.35’ while the Master Street Plan only requires
46.00’. In lieu of attempting to abandon 8.35’ of right of way to adhere to the Master Street Plan, we are requesting
approval of a variance to change the build to zone requirement from 10’-25’ to 0’-25’ or to measure the build to zone
from the Master Street Plan right of way instead of the existing right of way. Per our development plan, the buildings are
proposed to be located 10.25’ setback from the Master Street Plan right of way or 2.00’ from the existing right of way, or
within a 10’-25’ build to zone if measured from the Master Street Plan right of way.

As proposed, the buildings would adhere to a 0-25’ build to zone requirement from the existing right of way or they
would also adhere to a 10-25’ build to zone requirement from the Master Street Plan right of way. A 0’-25’ build to zone
is more typical amongst almost all of the form-based zoning districts, however Urban Thoroughfare and Community
Services specify a 10’-25’ build to zone. On the east side of Razorback Road, conditions similar to what is proposed for
the west side currently exist. On the west side of Razorback Road, a 10’ trail with aligned rows of trees is proposed that
will present an ideal streetscape.

Thank you for considering this request. Please let me know if you have questions or if additional information is needed.

Sincerely,




Brian Teague
Community By Design
 100 West Center Street Suite 300 
 Board of Adjustment
 Fayetteville, AR 72701
 October 6, 2025
  479.790.6775  Item 2
  BOA-2025-0016 (3 STRANDS 
 VENTURES)
 Page 10 of 13
 EXHIBIT #1 - PROPOSED STREET CROSS SECTION
 RAZORBACK ROAD LOOKING NORTH



 1.5' 1.5'
 CURB & EX. CURB &
 GUTTER GUTTER
 3'
 12'
 10' PROPOSED 11' 11' EX. TURNING 11' 11'
 8.6' PROPOSED 8.6' PROPOSED LANE 10' EX. 8' EX. SIDEWALK 7' EX.
 TRAIL EX. LANE EX. LANE EX. LANE EX. LANE
 GREENSPCASE GREENSPCASE GREENSPCASE GREENSPCASE
 59' EX. CURB TO CURB

 10'-25' BUILD TO ZONE
 FROM MSP R/W 10' 92' MSP R/W 10'
 10'-25' BUILD TO ZONE
 105.2' EX. R/W FROM MSP R/W
 2'




 Parcel 765-14877-004
 City Of Fayetteville
 113 W Mountain St
 Fayetteville, AR 72701
 Zoning: P-1


 Board of Adjustment



 October 6, 2025



 Item 2



BOA-2025-0016 (3 STRANDS VENTURES)



 Page 11 of 13
 FL:1217.96


 FL:122
 1.54

 alk
 30' MULTI-USE Side
 Town Branch Trail w
 1.5' 1.5'
 CURB & EX. CURB &
 GUTTER GUTTER PP
 3'
 12'
 Pedestrian TRAIL EASEMENT 18"C
 10' PROPOSED 11' 11' EX. TURNING 11' 11'
 8.6' PROPOSED 8.6' PROPOSED LANE 10' EX. 8' EX. SIDEWALK 7' EX. Bridge
 TRAIL EX. LANE EX. LANE EX. LANE EX. LANE
 GREENSPCASE GREENSPCASE GREENSPCASE GREENSPCASE
 59' EX. CURB TO CURB
 30' MULTI
 10'-25' BUILD TO ZONE
 170'
 FROM MSP R/W 10' 92' MSP R/W 10'
 10'-25' BUILD TO ZONE
 EX. RI
 2' 105.2' EX. R/W FROM MSP R/W
 TRAIL EAS -USE GH T OF
 EMENT WAY
 85' R/
 15' WATER 18" CP 30" RC W TO
 P 46' M P C/L
 & SEWER ASTE
 R ST
 92' M
 ASTE
 REET R ST
 EASEMENT PLAN REET
 R/W PL AN RI
 TO C/L GHT
 OF W
 AY

 PROPOSED
 HOUSE 2 12' 2' Pede
 PROPOSED strian
 12' Cross
 HOUSE 2 4' PROPOSED walk
 Parcel 765-14877-004 PROPOSED
 City Of Fayetteville 12' HOUSE 3
 HOUSE 1
 113 W Mountain St 4.5'
 Fayetteville, AR 72701
 Zoning: P-1 19'



 13.97'

 51'
 PROPOSED 10' PR OF AUT
 24' NORTHEAST OPOS TE HO
 TRAI ED
 L I CA
 14
 PARKING RI
 COURT Parcel COMMUNITY
 765- BY DESIGN,
 CERTI F
 4' City 1487
 PROPOSED O 7- L.L.C. ZAT ION
 PROPOSED STREET CROSS SECTION HOUSE 2 113 f Fayettevi 001 #1504
 13' PROPOSED WM K EE
 NK
 ountai lle AR R
 RAZORBACK ROAD LOOKING NORTH 13' PROPOSED HOUSE 1 n St
 AN
 IN
 BA SAS
 HOUSE 2 - ENG
 PROPOSED 25.62'
 Parcel 765-14877-000
 O HOUSE 2
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 P 4' 4'
 3.06 Acres ±
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 ' EX. EEN 4.87
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 ZO BUILDING
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 25' BUILDING E 19.5' / ZON
 ZONE "SHADED X" MSP SURED
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 ZONE "UNSHADED X" COMPACT
 PROPOSED PRIVATE DRIVE



 EMENT WAY ISSUED FOR REVIEW
 PROPOSED 11
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 SOUTHWEST BUILDING F
 PROPOSED 15' 10
 w
 WATER / SEWER PARKING 19.5' PROPOSED
 TO ZO -25' BUIL
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 COMPACT COMPACT w w w w 11.05'
 RIGH EXISTING D
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 ENGINEER: BT
 WAY DRAWN BY: AH
 Parcel 765-14877-004 PROPOSED '
 City Of Fayetteville 13' BUILDING A DATE: 08/15/2025
 113 W Mountain St 11' PROPOSED
 Fayetteville, AR 72701 8' BUILDING B
 Zoning: P-1 w w w
 18" RC
 P SCALE:
 PROPOSED 11.15' 1"=20' (22"X34")
 24' DRIVE AISLE
 BUILDING B 7.5'
 PROPOSED
 PROPOSED w
 31.28' 9' BUILDING C EX.
 BUILDING A w
 BUILDING
 46.5' PROPOSED
 Board of Adjustment
 19' BUILDING A
 14.7' 3
 20' PROPOSED
 UTILITY EASEMENT 5
 11.1'
OHE OHE OHE
 10' EX. U.E.
 OHE OHE OHE OHE OHE OHE OHE OHE
 OHE OHE OHE
 21' PROPOSED
 October 6, 2025
 OHE OHE
 Parcel 765-08385-000 OHE OHE OHE OHE
 Meadow Vale Development LLC UTILITY EASEMENT OHE
 28 Loyola Dr Parcel 765-08374-001
 Hot Springs National Park, AR
 71909 Meadow Vale Development LLC
 Vacated Right-of-Way

 Zoning: RMF-24 Parcel 765-08375-000 CONCEPTUAL SITE PLAN
 28 Loyola Dr Kayvan John Enterprises Inc
 Hot Springs National Park, AR
 71909 14350S Mountain Rd
 Zoning: CS
 Undeveloped Brower
 Item 2 REPLAT (BLOCK 2) Ave. Lowell, AR 72745 R/W
 MEADOW VALE SUBDIVISION Zoning: NS-L
 Ordinance (Book 2022,
 BLOCK 1 SHEET
 EXHIBIT #22
 Pg. 34459) MEADOW VALE SUBDIVISION
 P C/L
 24" RC



 BOA-2025-0016 (3 STRANDS VENTURES)



 Page 12 of 13
From: Marshall, Jason V. <Jason.Marshall@ardot.gov>
Sent: Tuesday, September 30, 2025 7:54 AM
To: Chris Looney <looneyjc@gmail.com>; brian communitybydesignllc.com
<brian@communitybydesignllc.com>
Cc: Rainwater, Marcus L. <Marcus.Rainwater@ardot.gov>; Hughey, Jason T.
<Jason.Hughey@ardot.gov>
Subject: RE: ARDOT ROW Vacation Inquiry - S. Razorback Road-Fayetteville, AR, Parcel
765-14877-000

Mr. Looney,

The Arkansas Department of Transportation will not be vacating a portion of the right of way
at this location. We wish you the best moving forward in your endeavors and are willing to
facilitate your access to the right of way for access and egress to Highway 16. However, we
will maintain our existing right of way while doing so.

Thank you,

Jason Marshall | District 4 Permit
Officer
Arkansas Department of Transportation

P.O. Box 11170 | Fort Smith, AR 72917
(: 479.509.1911

*: D4permits@ardot.gov

*: jason.marshall@ardot.gov
| www.ardot.gov




 Board of Adjustment
 October 6, 2025
 Item 2
 BOA-2025-0016 (3 STRANDS VENTURES)
 Page 13 of 13
TO: Board of Adjustment

THRU: Jessie Masters, Planning Director

FROM: Donna Wonsower, Senior Planner

MEETING DATE: October 6, 2025

SUBJECT: BOA-2025-0017: Board of Adjustment (925 & 942 N OAK
 DR/PARADIGM DEVELOPMENT & PENNINGS, 443): Submitted by
 PARADIGM DEVELOPMENTS for property located at 925 & 942 N. OAK
 DR. The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, 4
 UNITS PER ACRE and contains two parcels of approximately 0.16 and
 0.20 acres. The request is for a variance from lot width and lot area
 requirements.

RECOMMENDATION:
Staff recommends approval of BOA-2025-0017.

RECOMMENDED MOTION:
“I move to approve BOA-2025-0017 with conditions as recommended by staff.”

BACKGROUND:
The subject property consists of two 0.2-acre parcels located in west Fayetteville approximately
800 feet south of W. Wedington Dr. on the cul-de-sac of N. Oak Dr. N. Oak Dr. is private for about
400 linear feet until it becomes a public road. They were originally platted in 1979 as part of the
Sunset Woods Planned Unit Development (PUD), but were rezoned to RSF-4, Residential Single-
Family, 4 Units per Acre at an indeterminate time prior to the adoption of the city-wide digital map
in 2003. The parcels are fully encumbered by the Hillside Hilltop Overlay District and are currently
undeveloped. Surrounding land uses and zoning are depicted in Table 1.

 Table 1:
 Surrounding Land Uses and Zoning
 Direction Land Use Zoning
 North Two- and Single-Family Dwellings RSF-4, Residential Single-Family, 4 Units per Acre
 South POA Common Area RSF-4, Residential Single-Family, 4 Units per Acre
 East POA Common Area RSF-4, Residential Single-Family, 4 Units per Acre
 West POA Common Area RSF-4, Residential Single-Family, 4 Units per Acre




 Board of Adjustment
 October 6, 2025
 Item 3
 BOA-2025-0017 (PARADIGM DEVELOPMENT & PENNINGS)
 Page 1 of 31
DISCUSSION:

UDC §161.07(D), Lot Width and Lot Area Minimum– In RSF-4 zoning, single-family lots
within the Hillside Overlay District are required to have a minimum of 60 feet of lot frontage
and 8,000 square feet of lot area. The applicant is requesting a variance to permit two parcels
to be considered conforming with no public street frontage. Additionally, the applicant requests
one parcel with approximately 6,970 square feet where 8,000 is required.

 Staff recommendation: Staff is supportive of the applicant’s request. The applicant is
 requesting a variance to two sections of UDC §161.07(D), specifically lot width and lot
 area minimums. Neither parcel has any frontage along either a public street, alley, trail or
 public park which could be utilized to meet lot width minimum standards, and the nearest
 accessible public right-of-way is approximately 400 feet to the northeast where N. Oak Dr.
 becomes a public street. Staff finds the parcels were originally created under a PUD which
 permitted development along private streets and that the later rezoning made the parcels
 non-conforming. As they were undeveloped at the time, it also made the parcels
 unbuildable. Staff also finds that dedication of approximately 400 linear feet of public right-
 of-way is disproportionate to the potential impact of building out the lots and recommend
 in favor of the request with no added conditions.

 The applicant is also requesting a variance to allow approximately 1,030 square feet less
 than the minimum lot area required by zoning. The applicant has limited options. 925. N
 Oak Dr. is surrounded by the private street to the north, POA property to the south and
 west, and another nonconforming lot to the north. A POA-owned building was previously
 constructed across the shared property line and the applicant has indicated the POA is no
 longer communicative or open to negotiations. As such, a property line adjustment
 between lots is not viable. While a rezoning to a district with a lower lot area could be a
 viable means of addressing the insufficient lot area for this parcel, staff finds that a
 variance would still be required for the lack of public street frontage. As such, staff finds
 that this is likely the most appropriate route to address this nonconformity.

 Table 2:
 Variance Request
 Variance Issue Requirement Proposal Variance
 Lot Width (925 N. Oak Dr.) 60 feet 0 feet 60 feet
 Lot Width (942 N. Oak Dr.) 60 feet 0 feet 60 feet

 Table 3:
 Variance Request
 Variance Issue Requirement Proposal Variance
 Lot Size (925 N. Oak Dr.) 8,000 square feet 6,970 square feet 1,030 square feet


Public Comment: Staff has received an inquiry on the request. One comment was received from
a member of the POA Board of Directors expressing concern with potential compliance with the
neighborhood covenants.




 Board of Adjustment
 October 6, 2025
 Item 3
 BOA-2025-0017 (PARADIGM DEVELOPMENT & PENNINGS)
 Page 2 of 31
RECOMMENDATION: Staff recommends approval of BOA-2025-0017. Should the Board
choose to approve this item, staff recommends the following conditions:

Conditions of Approval:

 1. Board of Adjustment determination of a variance to UDC §161.07(D), Lot Width
 Minimum. Staff recommends approval of this request for the reasons stated above.


 2. Board of Adjustment determination of a variance to UDC §161.07(D), Lot Area
 Minimum. Staff recommends approval of this request for the reasons stated above.

 3. Approval of this variance is limited to the applicant’s request as described in this
 report, and

 4. Approval of this variance does not grant approval of or entitlement to any other
 zoning or development variances.

 BOARD OF ADJUSTMENT ACTION:  Approved  Denied  Tabled

 Date: October 6, 2025

 Motion:

 Second:

 Vote:


City Plan 2040 Future Land Use Designation: Residential Neighborhood

FINDINGS OF THE STAFF

§156.02. ZONING REGULATIONS.

Certain variances of the zoning regulations may be applied for as follows:

 B. Requirements for Variance Approval.

 1. Where strict enforcement of the zoning ordinance would cause undue
 hardship due to circumstances unique to the individual property under
 consideration; and

Finding: Staff finds that the applicant has met the threshold for undue hardship. The
 lots under consideration with this request were platted in 1979 under a
 planned unit development with private streets and more bulk and area
 standards. When the area was later rezoned to RSF-4, the lots were made
 nonconforming lots; however, because of the private streets, neither lot is
 buildable under the provisions of 164.12(C) given their lack of frontage on a
 public street, alley, trail, or park. The applicant has few other reasonable
 alternatives to meet lot frontage requirements: all zoning districts in the city

 Board of Adjustment
 October 6, 2025
 Item 3
 BOA-2025-0017 (PARADIGM DEVELOPMENT & PENNINGS)
 Page 3 of 31
 require some amount of lot frontage for residential uses; the lots are
 disconnected with limited area to meet the requirements for a cluster
 housing development; and acquiring the additional public right-of-way
 necessary to meet lot frontage standards would require extensive land
 acquisition that would not likely be proportional to the issue at hand.
 Similarly, the applicant has limited options to address the lot area shortage
 for lot 36. The property is largely surrounded by common area property,
 which the applicant has indicated is managed by a POA which is unwilling
 to discuss property line revisions, and other adjacent land is either private
 right-of-way or another adjacent nonconforming lot.

 2. Where the applicant demonstrates that the granting of the variance will be
 in keeping with the spirit and intent of the zoning ordinance.

Finding: Staff finds that granting the variance is in line with the spirit and intent of the
 zoning ordinance. The applicant’s proposal would enable the existing lots to
 be considered buildable once again, permitting infill development within an
 existing subdivision that currently utilizes city utilities, police, fire, and other
 services. Staff finds the approval of these variances would not substantially
 alter existing conditions and would permit infill in line with the purpose of
 the RSF-4 district to “permit and encourage the development of low density
 detached dwellings.”

 C. Minimum Necessary Variance. The Board of Adjustment may only grant the
 minimum variance necessary to make possible the reasonable use of the
 applicant’s land, building or structure.

Finding: Staff finds that the requested variance is the minimum necessary to ensure
 the applicant has reasonable use of their property. The lots have been
 platted since 1979 and no changes are proposed to their configuration.

 D. Special Conditions. In granting a zoning regulation variance, the Board of
 Adjustment may impose whatever special conditions found necessary to ensure
 compliance and to protect adjacent property.

Finding: Should the Board choose to approve this variance, staff has recommended
 conditions of approval as outlined above.

 E. Non-permitted Uses. The Board of Adjustment may not grant, as a variance, any
 use in a zone that is not permitted under the zoning ordinance.

Finding: None are requested.




 Board of Adjustment
 October 6, 2025
 Item 3
 BOA-2025-0017 (PARADIGM DEVELOPMENT & PENNINGS)
 Page 4 of 31
BUDGET/STAFF IMPACT:
None

ATTACHMENTS:
  • Unified Development Code
 o 161.07 District RSF-4, Residential Single-Family - Four (4) Units Per Acre
  • Project Maps
 o One Mile Map
 o Close-Up Map
 o Current Land Use Map
  • Applicant Exhibits
 o Request Letter
 o Site Plans
  • Public Comment




 Board of Adjustment
 October 6, 2025
 Item 3
 BOA-2025-0017 (PARADIGM DEVELOPMENT & PENNINGS)
 Page 5 of 31
161.07 District RSF-4, Residential Single-Family - Four (4) Units Per Acre
(A) Purpose. The RSF-4 Residential District is designed to permit and encourage the development of low density
 detached dwellings in suitable environments, as well as to protect existing development of these types.
(B) Uses.
 (1) Permitted Uses.
  Unit 1 City-wide uses by right
  Unit 8 Single-family dwellings
  Unit 41 Accessory dwellings
  Unit 46 Short-term rentals



 (2) Conditional Uses.
  Unit 2 City-wide uses by conditional use permit
  Unit 3 Public protection and utility facilities
  Unit 4 Cultural and recreational facilities
  Unit 5 Government facilities
  Unit 9 Two-family dwellings
  Unit 12a Limited business
  Unit 24 Home occupations
  Unit 36 Wireless communications facilities
  Unit 44 Cluster Housing Development



(C) Density.
 Single-family Two (2) family
 dwellings dwellings
  Units per acre 4 or less 7 or less



(D) Bulk and Area Regulations.
 Single-family Two (2) family
 dwellings dwellings
  Lot minimum width 70 feet 80 feet
  Lot area minimum 8,000 square feet 12,000 square feet
  Land area per 8,000 square feet 6,000 square feet
  dwelling unit
  Hillside Overlay 60 feet 70 feet
  District Lot
  minimum width
  Hillside Overlay 8,000 square feet 12,000 square feet
  District Lot
  area minimum
  Land area per 8,000 square feet 6,000 square feet
  dwelling unit



(E) Setback Requirements.
  Front Side Rear
  15 feet 5 feet 15 feet


 Board of Adjustment
 October 6, 2025
 Item 3
 BOA-2025-0017 (PARADIGM DEVELOPMENT & PENNINGS)
 Page 6 of 31
(F) Building Height Regulations.
 Building Height Maximum 3 stories



(G) Building Area. On any lot the area occupied by all buildings shall not exceed 40% of the total area of such lot.
 Accessory ground mounted solar energy systems shall not be considered buildings.
(Code 1991, §160.031; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. No. 4858, 4-18-06; Ord. No.
5028, 6-19-07; Ord. No. 5128, 4-15-08; Ord. No. 5224, 3-3-09; Ord. No. 5312, 4-20-10; Ord. No. 5462, 12-6-11; Ord.
No. 5921, §1, 11-1-16; Ord. No. 5945, §8, 1-17-17; Ord. No. 6015, §1(Exh. A), 11-21-17; Ord. No. 6245, §2, 10-15-
19; Ord. No. 6427, §§1(Exh. C), 2, 4-20-21)

Editor's note(s)—Ord. No. 6820, §1, adopted December 4, 2024, determines that Ordinance 6427 (Sunset Clause),
 Ordinance 6625 (extending Sunset Clause) and Ordinance 6710 (extending the Sunset Clause) be amended
 so that Ordinance 6427 and all amendments to Code Sections ordained or enacted by Ordinance 6427 shall
 automatically sunset, be repealed and become void on July 1, 2025 at 7:00 p.m. unless prior to that time and
 date the City Council amends this ordinance to repeal or further amend this sunset, repeal and termination
 section.




 Board of Adjustment
 October 6, 2025
 Item 3
 BOA-2025-0017 (PARADIGM DEVELOPMENT & PENNINGS)
 Page 7 of 31
 N
BOA-2025-0017 925 N. OAK DR
 One Mile View

 SYCAMORE ST
 0 0.13 0.25 0.5 Miles
 RMF-40




 G ARLAND AVE
 RMF-6


 RSF-18




 GARLAND AVE
 RMF-24



 Subject Property C-2
 WE CS
 DIN
 GT
 ON
 D R
 NORTH ST
 C-1


 R-O

 NC




 GARLAND AVE
 CLEVELAND ST




 SANG AVE
 P-1




 RAZORBACK RD
 RSF-4
 MAPLE ST




 RI-U

 Regional Link

 Neighborhood Link

 Institutional Master Plan

 Regional Link - High Activity

 Unclassified

 Alley

 Residential Link

 Planned Residential Link

 Shared-Use Paved Trail

 Trail (Proposed)

 Fayetteville City Limits Planning Area
 Planning Area
 Board of Adjustment
 Fayetteville City Limits October 6, 2025
 Item 3
 BOA-2025-0017 (PARADIGM DEVELOPMENT & PENNINGS)
 Page 8 of 31
BOA-2025-0017 925 N. OAK DR
 Close Up View




 LEWIS AVE
ALLEY
 1861


 DR VISTA DR
 ON
 IN GT
 D
WE




 DR
 W
 V IE
 LEY Subject Property
 VAL DR
 K
 OA




 SUNSET DR
 RSF-4




 AV SUNSET PL
 E
 IS
 W
 LE




 Regional Link
 N
 Regional Link - High Activity

 Unclassified

 Alley

 Residential Link Feet
 Hillside-Hilltop Overlay District
 0 75 150 300 450 600
 Planning Area
 Fayetteville City Limits 1:2,400 Board of Adjustment
 October 6, 2025
 Item 3
 BOA-2025-0017 (PARADIGM DEVELOPMENT & PENNINGS)
 Page 9 of 31
 N
 BOA-2025-0017 925 N. OAK DR
  Current Land Use




 LEWIS AV E
 Single-Family Residential




 R
WEDING TON D


 Subject Property




 Single-Family Residential
 Single-Family Residential




 Single-Family Residential




 CLEVELAND ST




  Regional Link

  Neighborhood Link

  Regional Link - High Activity

  Unclassified

  Alley Feet
  Residential Link

  Trail (Proposed)
 0 112.5 225 450 675 900
  Planning Area
  Fayetteville City Limits
 1:3,600 Board of Adjustment
 October 6, 2025
 Item 3
 BOA-2025-0017 (PARADIGM DEVELOPMENT & PENNINGS)
 Page 10 of 31
Date: 9/23/2025

To: Erin Adkins-Oury – Chair
Board of Adjustments, Faye eville, AR

Applicant: Tracy K Hoskins - President
The Paradigm Companies/Paradigm Development



RE: Board of Adjustments mee ng, 10/6/2025
Variances: Lots 36 and 38 of Sunset Woods



Dear Mr. Chair –
I respec ully submit the following request for variances to the City of Faye eville Board of Adjustments
for Lots 36 and 38 located in Sunset Woods.

Variances Requested:
 1. Variance of lot width minimum in RSF4 Zoning from 70 feet at the Right of Way, to 0 feet at the
 front property line.
 2. Variance reducing the required minimum of 8000sf of Lot area and Land area per unit to 6500sf
 feet or Lot 36.

Descrip on of this request: The referenced lots are located at the end of a cul-de-sac on Oak Lane, in the
Sunset Woods Community. Sunset Woods was originally a Planned Unit Development (PUD) including a
mix of dwelling types (1 and 2 family) with privately owned and maintained streets.
In the city’s recent push to do away with previously zoned PZDs and PUDs, the city assigned a new zoning
to Sunset Woods of RSF4. Unfortunately, in RSF4 zoning, speciﬁcally, all lots must front a public street.
Further, the lot width minimum is 70 feet at the Right-Of-Way of the public street. As these are lots on
private streets (and I have no authority to change this), there is technically no “Right-Of-Way” from
which to measure from.

Regarding the request to reduce the minimum Lot Area and Land Area per Dwelling Unit, again, the
community was originally developed under a PUD, which provided for compact lots. A er the city
rezoned the Sunset Woods community to RSF4, many of the pla ed lots no not meet the minimum Lot
and Land Areas required under RSF4 Zoning. Lot 36 is one of these lots at just under .16 acres.

Building size in square feet; exis ng and proposed – N/A
Number of oﬀ-street parking spaces to be provided / number required. – N/A




 Board of Adjustment
 October 6, 2025
 Item 3
 BOA-2025-0017 (PARADIGM DEVELOPMENT & PENNINGS)
 Page 11 of 31
The proposed variances meet each of the following criteria:
 a. Strict enforcement of the zoning ordinance would cause undue hardship due to
 circumstances unique to the individual property under considera on.
 Strict enforcement of the zoning ordinance will render the property unbuildable
 for any use or purpose, other than a parking facility.
 b. The applicant demonstrates that the gran ng of the variance will be in keeping with the
 spirit and intent of the zoning ordinance.
 There is no reason to an cipate the gran ng of these variances will aﬀect the
 underlying zoning in any fashion. Further, the spirit under which the community
 was originally developed would not be compromised by this approval.
 c. The variance requested is the minimum variance necessary to make possible the
 reasonable use of the applicant’s land, building or structure.
 If the variances are granted, the lots become buildable again. If not, the city’s
 previous ac ons have rendered them unbuildable, and therefore worthless.



Thank you for your considera on…




 Board of Adjustment
 October 6, 2025
 Item 3
 BOA-2025-0017 (PARADIGM DEVELOPMENT & PENNINGS)
 Page 12 of 31
LEGAL DESCRITPTIONS

County Parcel Number:76-11334-000
Legal Descrip on - Lot Numbered Thirty-six (36) of Sunset Woods, a planned unit development in the
City of Faye eville, Arkansas, as shown upon the recorded plat of said development on ﬁle in the oﬃce
of the Circuit Clerk and Ex-Oﬃcio Recorder of Washington County, Arkansas. Subject to covenants,
restric ons and easements of record.

County Parcel Number:76-11338-000
Legal Descrip on - Lot Numbered Thirty-eight (38) of Sunset Woods, a planned unit development to the
City of Faye eville, Arkansas, as per the plat of said development on ﬁle in the oﬃce of the Circuit Clerk
and Ex-Oﬃcio Recorder of Washington County, Arkansas. Subject to covenants, restric ons and
easements of record.




 Board of Adjustment
 October 6, 2025
 Item 3
 BOA-2025-0017 (PARADIGM DEVELOPMENT & PENNINGS)
 Page 13 of 31
Wonsower, Donna

From: Tracy Hoskins <tkhoskins@paradigmnwa.com>
Sent: Wednesday, August 27, 2025 4:35 PM
To: Wonsower, Donna
Cc: Hopkins, Mirinda; Curth, Jonathan; Masters, Jessica
Subject: RE: Signs, Signs, everywhere there's signs... :) BOA-2025-0017



CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless you recognize
the sender and know the content is safe.


Thank you so much for those lists. I have been working on those and haven’t had a ton of luck. Going to
get the out before I go home, one way or another.

I did want to note that 925 N. Oak is not meeting the lot area requirement for the RSF-4 district. We can absolutely
add the lot area minimum to your BOA request for this one if you would like,
 TKH – Wow. Well, I had not even thought of that. You are correct and we should add it for both
lots just to be safe. Please do. Thank you.

though I would generally recommend a property line adjustment to get the POA building fully on to the adjacent
POA property. That could resolve both the encroachment and the insu,icient lot area (assuming the POA is
reachable and cooperative).
 TKH - Actually, there was a big bruhaha over this when the POA encroached on the lot. They all
 came to an agreement. POA is not cooperative on the matter any longer. We do have the right to
 move the fence they installed back over to the property line. If we did a PLA, it would make our
 lot than much smaller, which we cannot afford, of course. I’ll likely have to deal with it one day,
 but I have to get all this other stuff behind me first.

Let me know what you’d like to do and I’ll work on the letter draft. I’m also happy to meet in person if that would be
more help, but I will only be in the o,ice until noon tomorrow. After that, I’ll be out on vacation until after Labor
Day.
 TKH - I am all eras or if you believe we need to meet, I’ll be happy to attend. Just let me know. I
figured I was on a deadline to get all the stuff in.
 One thing is, what am I supposed to put in the letter to these people?

 Thank you so much!!!




 Board of Adjustment
 October 6, 2025
 1
 Item 3
 BOA-2025-0017 (PARADIGM DEVELOPMENT & PENNINGS)
 Page 14 of 31
Wonsower, Donna

From: Tracy Hoskins <tkhoskins@paradigmnwa.com>
Sent: Wednesday, August 27, 2025 4:53 PM
To: Wonsower, Donna
Cc: Curth, Jonathan
Subject: RE: BOA-2025-0017 Questions



CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless you recognize
the sender and know the content is safe.




From: Wonsower, Donna <dwonsower@fayetteville-ar.gov>
Sent: Wednesday, August 27, 2025 3:56 PM
To: tkhoskins@paradigmnwa.com
Cc: Curth, Jonathan <jcurth@fayetteville-ar.gov>
Subject: RE: BOA-2025-0017 Questions

Tracy,

Happy to oblige! The survey does get me what I need for lot 36, and I’ll see if I can ﬁnd something in our records on
lot 38.

I understand the confusion. Essentially, nonconforming lots aren’t considered buildable unless they have at least
50% of the required lot width and lot area. If the board of adjustments grants the variance to the lot width
requirement and you have at least 4,000 square feet on each lot, you can then build on the lots under our
nonconforming lots ordinance (UDC 164.12). If the board of adjustments grants the variance for lot width and you
have at least 8,000 square feet of lot area (or the board of adjustments also grants a variance to lot area), then the
lots would simply be considered conforming, and you can build on them as you entirely normally would. So,
essentially, you don’t need to ask for a speciﬁc variance to permit construction of dwellings since granting the lot
width minimum variance would ﬁx the issue making them currently unbuildable. Hopefully that helps.
 [TKH] Well, that definitely clears things up Lot 36 looks to be 6970sf and Lot 38 to be
 9148sf. I think we need a variance on Lot Width and Lot Area, even on Lot 38 since we
 don’t have a current survey.

I did want to note that 925 N. Oak is not meeting the lot area requirement for the RSF-4 district. We can absolutely
add the lot area minimum to your BOA request for this one if you would like, though I would generally recommend
a property line adjustment to get the POA building fully on to the adjacent POA property. That could resolve  both
 Board of Adjustment
 October 6, 2025
 1
 Item 3
 BOA-2025-0017 (PARADIGM DEVELOPMENT & PENNINGS)
 Page 15 of 31
the encroachment and the insu=icient lot area (assuming the POA is reachable and cooperative). I do want to
state that, since the lot is over 50% the required size, you do not necessarily have to do either in order to build on
the lot once a lot width variance is granted. Happy to discuss further if needed!
 [TKH] I had not even thought of that. You are correct and we should add it for both lots
just to be safe. Please do. Thank you.




 Donna Wonsower, AICP
 Senior Planner, Development
 Services
 City of Fayetteville, Arkansas
 479-575-8358
 fayetteville-ar.gov

 Please note I will be out of the
 o ice from Thursday, August 28
 through Monday, September 1.




From: Tracy Hoskins <tkhoskins@paradigmnwa.com>
Sent: Wednesday, August 27, 2025 3:28 PM
To: Wonsower, Donna <dwonsower@fayetteville-ar.gov>
Cc: Curth, Jonathan <jcurth@fayetteville-ar.gov>
Subject: RE: BOA-2025-0017 Questions

CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless you recognize
the sender and know the content is safe.


Hi Donna!
Please, and this goes for all y’all. My name is TRACY, not Mr Hoskins. I appreciate it, but it makes me
feel old. I’m still pretty immature to be old. Ha!

“Do you have a site plan that you could provide for your requested board of adjustment variance at 925 N. Oak
Dr.? A survey would work provided that you are not proposing to subdivide the lot. We could potentially also use a
previous plat, but do need a site plan that sta= and the board can examine in evaluating the request.” Board of Adjustment
 October 6, 2025
 2
 Item 3
 BOA-2025-0017 (PARADIGM DEVELOPMENT & PENNINGS)
 Page 16 of 31
Attached is a copy of the original submittal. I THOUGHT I included the very thing you are asking for.
I had spoken with either Jess or Jonathan once, and they said some plat from the county would work. I
actually paid my engineering company to write up the legals for me, which I failed to attach those. I’m
sorry. An updated version of the application is attached with the legals on the last page.

Also, Bates provided me with a survey they did a few years back. On lot 36. That is also attached. I have
no drawing for the other lot, other than what I included in the application – the aerial with the lots
highlighted. I can try again to find some kind of drawing, but I didn’t have any luck finding anything
legible previously.

“I did also want to ask about a section of your letter which mentioned a variance to build dwellings on the property.
RSF-4 allows single-family dwellings and ADUS, so I wanted to clarify it is what you are intending to construct. The
board cannot grant approval for any use that is not allowed in the zoning district. Could you please explain what
you would like to construct on this lot?”

Well, funny you should ask as I know what you are thinking. “Why the heck does this guy need a
variance? What the heck does he want to build?” I asked the same thing over and over. I couldn’t even
figure out what I was suppose to ask the BOA for!
So, I’ve learned from being married for 30 years, I’m much better off just doing as I am told. So, here I
am. 

I intend to build just typical houses, nothing MF or weird. The issue is, the ‘hood was originally a PUD.
The city got on a tear the last few years, to get rid of all the PZDs from the past and blanketed Sunset
Woods with RSF4 zoning. These are small lots and will be difficult to build on , but “difficult” is my
middle name, just ask Jess and Jonathan! Wait a minute…
Unless Staff (Jess and Jonathan who have been helping me with this), can identify any other issues I’m
not be aware, of I think the RSF4 zoning regs should work fine. The dilemma is, the city assigned a
zoning to the property and made the properties non-conforming. You cannot have RSF4 zoning on private
streets. Theres no ROW from which to measure front setbacks. I have no authority to have the streets
dedicated to the city. All of the street in Sunset Woods are private streets I’m pretty sure. So, I need
the non-conforming lot issue resolved so that I can build on the lots. This is the avenue I was instructed
to take to get the lots back to being buildable after the city did their thing.

Did I answer what you asked? Let me know if there’s anything else.




 Board of Adjustment
 October 6, 2025
 3
 Item 3
 BOA-2025-0017 (PARADIGM DEVELOPMENT & PENNINGS)
 Page 17 of 31
From: Wonsower, Donna <dwonsower@fayetteville-ar.gov>
Sent: Wednesday, August 27, 2025 1:51 PM
To: Tracy Hoskins <tkhoskins@paradigmnwa.com>
Subject: FW: BOA-2025-0017 Questions

Mr. Hoskins,

Trying again! My previous email bounced back.

Donna Wonsower, AICP
Senior Planner, Development Services
City of Fayetteville, Arkansas
479-575-8358
fayetteville-ar.gov

Please note I will be out of the o ice from Thursday, August 28 through Monday, September 1.

From: Wonsower, Donna
Sent: Wednesday, August 27, 2025 11:38 AM
To: thoskins@paradigmnwa.com
Cc: Masters, Jessica <jmasters@fayetteville-ar.gov>
Subject: BOA-2025-0017 Questions

Mr. Hoskins,

Do you have a site plan that you could provide for your requested board of adjustment variance at 925 N. Oak Dr.?
A survey would work provided that you are not proposing to subdivide the lot. We could potentially also use a
previous plat, but do need a site plan that sta= and the board can examine in evaluating the request.

I did also want to ask about a section of your letter which mentioned a variance to build dwellings on the property.
RSF-4 allows single-family dwellings and ADUS, so I wanted to clarify it is what you are intending to construct. The
board cannot grant approval for any use that is not allowed in the zoning district. Could you please explain what
you would like to construct on this lot?

Donna Wonsower, AICP
Senior Planner, Development Services
City of Fayetteville, Arkansas
479-575-8358
fayetteville-ar.gov




 Virus-free.www.avg.com




 Board of Adjustment
 October 6, 2025
 4
 Item 3
 BOA-2025-0017 (PARADIGM DEVELOPMENT & PENNINGS)
 Page 18 of 31
From: Wonsower, Donna <dwonsower@fayetteville-ar.gov>
Sent: Wednesday, August 27, 2025 3:46 PM
To: tkhoskins@paradigmnwa.com
Cc: Hopkins, Mirinda <mhopkins@fayetteville-ar.gov>; Curth, Jonathan <jcurth@fayetteville-ar.gov>; Masters, Jessica
<jmasters@fayetteville-ar.gov>
Subject: RE: Signs, Signs, everywhere there's signs... :) BOA-2025-0017

Tracy,

See attached for the adjacent property owner area and the spreadsheets for the property owners and adjacent
residents. You’ll need to send public notiﬁcation letters to each adjacent owner and all residents with separate
addresses. You only need to send a letter to each address once, so even if an address is repeated twelve times it
still only needs one letter.




I did want to note that 925 N. Oak is not meeting the lot area requirement for the RSF-4 district. We can absolutely
add the lot area minimum to your BOA request for this one if you would like, though I would generally recommend
a property line adjustment to get the POA building fully on to the adjacent POA property. That could resolve both
the encroachment and the insu,icient lot area (assuming the POA is reachable and cooperative). Let me know
what you’d like to do and I’ll work on the letter draft. I’m also happy to meet in person if that would be more help,
but I will only be in the o,ice until noon tomorrow. After that, I’ll be out on vacation until after Labor Day.
 Board of Adjustment
 October 6, 2025
 2
 Item 3
 BOA-2025-0017 (PARADIGM DEVELOPMENT & PENNINGS)
 Page 19 of 31
Donna Wonsower, AICP
Senior Planner, Development Services
City of Fayetteville, Arkansas
479-575-8358
fayetteville-ar.gov

Please note I will be out of the o ice from Thursday, August 28 through Monday, September 1.



From: Masters, Jessica <jmasters@fayetteville-ar.gov>
Sent: Wednesday, August 27, 2025 2:49 PM
To: Wonsower, Donna <dwonsower@fayetteville-ar.gov>
Cc: Hopkins, Mirinda <mhopkins@fayetteville-ar.gov>; Curth, Jonathan <jcurth@fayetteville-ar.gov>
Subject: FW: Signs, Signs, everywhere there's signs... :) BOA-2025-0017

Donna,

Are you able to assist Mr. Hoskins with his public notiﬁcation documentation?

Thank you,

Jessie

Jessie Masters, AICP
Planning Director
Development Services
City of Fayetteville, Arkansas Board of Adjustment
 October 6, 2025
 3
 Item 3
 BOA-2025-0017 (PARADIGM DEVELOPMENT & PENNINGS)
 Page 20 of 31
(479) 575-8239
www.fayetteville-ar.gov
Website | Facebook | Twitter | Instagram | YouTube




From: Tracy Hoskins <tkhoskins@paradigmnwa.com>
Sent: Wednesday, August 27, 2025 2:46 PM
To: 'Miranda Wilson' <Miranda.Wilson@driveluthermazdakc.com>
Cc: Curth, Jonathan <jcurth@fayetteville-ar.gov>; Masters, Jessica <jmasters@fayetteville-ar.gov>
Subject: Signs, Signs, everywhere there's signs... :) BOA-2025-0017

CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless you recognize
the sender and know the content is safe.


Good afternoon, Miranda!
I was not sure to whom I am supposed to send this stuff. I am having to relearn all this since I don’t
have any assistants any longer.
Attached are the pics for BOA-2025-0017 (925 N OAK DR Fayetteville, AR 72701). I think I am
supposed to submit these today, but I can’t remember.

Let me know if I need to do this a different way or if you need me to do anything else.
Thank you so much!




 To help protect y ou r priv acy , Microsoft Office prev ented automatic
 download of this pictu re from the Internet.




 Virus-free.www.avg.com




 Board of Adjustment
 October 6, 2025
 4
 Item 3
 BOA-2025-0017 (PARADIGM DEVELOPMENT & PENNINGS)
 Page 21 of 31
 Board of Adjustment
 October 6, 2025
 Item 3
BOA-2025-0017 (PARADIGM DEVELOPMENT & PENNINGS)
 Page 22 of 31
 Board of Adjustment
 October 6, 2025
 Item 3
BOA-2025-0017 (PARADIGM DEVELOPMENT & PENNINGS)
 Page 23 of 31
Wonsower, Donna

From: Hopkins, Mirinda
Sent: Thursday, October 2, 2025 8:36 AM
To: Wonsower, Donna
Subject: FW: Board of Adjustments meeting October 6th on calendar but no zoom link FW: Public
 Notification RE: Lots on North Oak
Attachments: Public Notification.pdf; Sunset Woods Covenant Document.pdf




Mirinda Hopkins
Development Coordinator
Planning Division
City of Fayetteville
479-575-8267




From: Shaun and Janet Jones <texjones@tx.rr.com>
Sent: Wednesday, October 1, 2025 2:19 PM
To: Hopkins, Mirinda <mhopkins@fayetteville-ar.gov>
Cc: texjones@tx.rr.com; 'Stephen Goode' <sgoode90@vt.edu>
Subject: Board of Adjustments meeting October 6th on calendar but no zoom link FW: Public Notification RE: Lots on
North Oak

CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless you recognize
the sender and know the content is safe.

Ms Hopkins,

I am writing concerning the attached Public Notification on two lots within our Sunset Woods HOA. This is for the Board of
Adjustments meeting on October 6th, regarding 925 and 942 N Oak Drive in Fayetteville.

I am on the Board of Directors, and we just found out about this proposal. We are interested in the proposal as this land is
part of a Property Owner’s association legally registered in Arkansas.
The HOA has registered development criteria and architecture criteria for the land. The owner mentioned in the Public Notice
has not submitted any planning to the HOA.

Currently there is no zoom information for the meeting on October 6th. I would like to participate, but I am currently out of the
state.
Could you please let me know when a zoom will be posted ? I would also like to share the zoom with the rest of the Board and
other members of our community.

For information, I have attached a copy of our Covenants which can be shared with the Board of Adjustments members.

Thanks in advance,
Janet Jones Board of Adjustment
 October 6, 2025
 1
 Item 3
 BOA-2025-0017 (PARADIGM DEVELOPMENT & PENNINGS)
 Page 24 of 31
 S U N S E T W O O D S P R O P E R T Y O W N E R S A S S O C I AT I O N
 COVENANTS OF ASSURANCE


KNOW ALL MEN BY THESE PRESENTS:

These Covenants of Assurance are entered into by and between the parties hereto on this 12TH day
of FEBRUARY 1979, WITNESSETH:

 WHEREAS, Bowen Enterprises, Inc. is the owner of the following described real property
situated in Washington County, Arkansas, to-wit: Sunset Woods, a planned unit development to the
City of Fayetteville, Arkansas, as per the plat of said development on file in the Office of the
Circuit Clerk and Ex-Officio Recorder of Washington County, Arkansas. And

 WHEREAS, said owner desires to establish certain Covenants of Assurance to assure the
orderly development of the above described real property and to further assure the protection of the
ittvestment made in such property by this owner and all others who shall purchase herein.

 THEREFORE, the following Covenants of Assurance are deemed in full force and effect,
the same to run with and apply to all of the above described real property from this date forward
until the same shall terminate or be modified according to the provisions herein, to-wit:

 (1) No part of the property shall be used for other than housing and common recreational
purposes for which the property was designed. All buildings and structures to be erected on the
above described real property shall be of new construction and no building or structures shall be
moved from other locations to the property and no subsequent structure of a temporary character,
trailer, basement, tent, shack, shall be used anywhere at any time as a residence, either temporarily
or permanently. Only single family residences and multi-family dwellings, each containing therein
one or more full and complete living units shall be constructed on said property. The total number
of units into which the above described real property may be divided shall not exceed one hrmdred
fourteen (114) in number. A unit shall be defined as a separate, family living space contained
within a building.
 (2) No multi-family units shall be permitted without the prior written approval of the
Architectural Control Conmiittee of the Sunset Woods Property Owners Association, which
approval will not be granted where the effect of such would be to permit in excess of twenty-five
(25) units on anyone street or to exceed one hundred fourteen (114) units for the entire
development. In addition, upon prior written approval of the Architectural Control Committee of
the Sunset Woods Property Owners Association, lot splits may be made pursuant to the Ordinances
of the City of Fayetteville, Arkansas.
 (3) No animals, rabbits, livestock, fowl or poultry of any kind shall be reused, bred, or kept
in any dwelling on the property herein, or upon the land herein set forth, except that dogs, cats or
other household pets may be kept on or about the premises, such to be subject to rules and
regulations adopted by the governing body of a property owners association known as Sunset
Woods Property Owners Association, and further provided that such are not kept, bred, or
maintained for any commercial purpose; and provided further that any such pets causing or
creating a nuisance or unreasonable disturbance shall be permanently removed from the property


 1
 Board of Adjustment
 October 6, 2025
 Item 3
 BOA-2025-0017 (PARADIGM DEVELOPMENT & PENNINGS)
 Page 25 of 31
 subject to these restrictions according to a procedure to be set forth in the rules and regulations of
 said governing body.
 (4) All lots to be platted upon the above described real property shall provide for multi-
family dwelling construction. The minimum permissible habitable floor area per living units will be
one thousand five hundred (1,500) square feet for single family dwellings and one thousand two
hundred (1,200) square feet per living unit for multi-family dwellings. Tlie minimum square
footage requirements may be reduced upon application to the Architectural Control Committee to
be established pursuant to the By-Laws of the Sunset Woods Property Owner's Association, where
construction as planned is of sufficient quality and design as to enhance the development, but in no
event less than one thousand two hundred (1,200) square feet for single family and one thousand
(1,000) square feet for each unit in multi-family dwellings. However if an individual multi-family
dwelling unit shall contain sufficient floor area to average one thousand (1,000) square feet per
unit, then the owner may distribute said square footage as desired with the prior, written approval
of the Architectural Control Committee to be established pursuant to the By-Laws of the Sunset
Woods Property Owners Association.
 (5) Each unit constructed or to be constructed upon the lots to be platted as set forth
hereinabove shall provide sufficient and adequate off-street parking for those vehicles owned by
the property owner or owners residing in said dwelling units, or, those vehicles normally parked at
said dwelling unit, whichever is greater, plus sufficient space for two additional vehicles. No on-
street parking of vehicles shall be permitted.
 (6) No boats, boat trailers, house trailers, motorized recreational vehicles or any similar
items shall be parked or stored on the street within said planned unit development. All such items
shall be parked or stored off-street within an enclosure or car port. Provided however, that if the
storage or parking of said vehicles off-street, but in the open shall not interfere with the enjoyment
of other property owners, then, with the prior permission of the Property Owners Association, said
items may be parked off-street, but not in an enclosure or car port.
 (7) Utility easements shall be reserved over the lots to be platted on the above described real
property, and shall be set forth in locations and in width as shown upon the recorded plat of said
addition.
 (8) All common access easements and areas as depicted upon the plat to be recorded of the
real property set forth hereinabove, to be known as the Sunset Woods plaimed unit development,
shall be available to all lot owners in the planned unit development.
 (9) No private structures may be located or constructed upon the common areas to be
platted herein, nor may any private obstruction be placed thereon or items stored within said
common areas without the prior consent of the Sunset Woods Property Owners Association,
except as may be expressly provided for in the rules and regulations promulgated by said governing
body.
 (10) No structure shall be permitted or located within fifteen (15) feet of the lot line on
common roadways, or within twenty-five (25) feet of public streets. Further, the building setbacks
shal be a maximum of' twenty (20) feet from the back or rear property line and eight (8) feet from
the side property line. Said building setbacks from the back or rear property lot line and side lot
line may be reduced by the Architectural Control Committee upon application made by the
property owner in accordance with rules and regulations and the By-Laws of the Sunset Woods
Property Owners Association.




 2
 Board of Adjustment
 October 6, 2025
 Item 3
 BOA-2025-0017 (PARADIGM DEVELOPMENT & PENNINGS)
 Page 26 of 31
 (11) No structure shall exceed two (2) stories in iieigiit. mis requirement may Dc vortea oy
the Architectural Control Committee appointed pursuant to the By-Laws of the Sunset Woods
Property Owners Association to permit homes or dwelling units of greater than two (2) stories in
height, or by limiting the same to less than two (2) stories in height. In determining the maximum
height to be permitted, said Architectural Control Committee shall consider the right of adjoining
property owners to an unobstructed view ftom their property and no such structure shall be
permitted to exceed two (2) stories in height if the same shall unreasonably obstruct or interfere
with Ught, sight, or view of an adjoining or neighboring property owner.
 (12) No noxious or offensive trade shall be carried on upon any lots, nor shall anything be
done thereon which may be or may become an aimoyance or nuisance to the neighborhood it being
the expressed understanding that the plarmed unit development to be created upon and including
the re^ property described hereinabove shal be for residential purposes only with the exception of
those social and recreational uses on and within the common areas to be platted thereon.
 (13) No building shall be erected, altered, or constructed upon any lot until the design,
plans, elevations, structural materials, site preparation and location thereof have been approved in
writing by the Architectural Control Committee established pursuant to the By-Laws of the Sunset
Woods Property Owners Association.
 (14) No fence of a solid nature that would block the view of any lot or have an unsightly
appearance is to be erected in the planned unit development upon the real property set forth
herinabove, with the exception of temporary fences which may be constructed by the subdividers
during the construction phase.
 (15) No signs, with the exception of the planned unit identification signs, shall be displayed
to the public view upon any lot. However, one professional sign of not more than one (1) square
foot, or one sign of not more than five (5) square feet, advertising the property for sale or rent, or
any signs used by the subdividers or a builder to advertise the property during the construction and
sales period, will be permitted.
 (16) No lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage or
other waste shall not be kept except in sanitary containers. All incinerators or other equipment for
the storage or disposal of such material shall be kept in a clean and sanitary condition.
 (17) All clothes lines, equipment, garbage cans, and storage piles shall be kept screened in
space provided by the owners so as to conceal them from view of neighboring dwellings and the
common area as well as from streets.
 (18) All of the streets, platted and designated as Berry Lane, Lewis Lane, Sunset Place, Oak
Lane and Valley View Lane shall be privately ovmed, and shall be maintained by the Sunset
Woods Property Owners Association. To the extent that the City of Fayetteville shall have specific
requirements for the maintenance of private streets, those requirements shall, by reference herein,
become a specific part of these Covenants of Assurance. Further, Sunset Woods, a planned unit
development, shall contain thereon a storm drainage system which shall likewise be privately
owned and shall be maintained by the Sunset Woods Property Owners Association.
 (19) The Architectural Control Committee as appointed pursuant to the By-Laws of the
Sunset Woods Property approval, the right to designate a reasonable time for completion of any
dwelling, from the date the site preparation shall begin until occupancy, taking into account the
nature of the dwelling, the natural contours of the lot and other things and matters properly brought
to their attention, said time of completion not to be set unreasonably short, and to further provide
for a daily, monetary penalty for each day said dwelling shall remain not ready for occupancy past




 3
 Board of Adjustment
 October 6, 2025
 Item 3
 BOA-2025-0017 (PARADIGM DEVELOPMENT & PENNINGS)
 Page 27 of 31
the completion date so set, which said penalty shall constitute a lien upon the land upon which said
dwelling is being constructed.
 (20) All owners of property described hereinabove shall belong to the association known as
Sunset Woods Property Owners Association, which association shall be duly incorporated pursuant
to the laws of the Statee of Arkansas as a corporation not for profit. That association shall be
governed by a Board of Administration elected by the property owners herein and shall be
managed according to the By-laws and the rules and regulations promulgated thereunder. The
authority of the Board of Administration in the enforcement of these Covenants of Assurance and
the rules and regulations of said association shall be absolute and all owners consent to said
enforcement by their purchase of real property and dwellings hereunder. Among its other powers,
said Board of Administration shall have authority to make assessments against the real property
and dwellings of the owners in order to obtain the means required to maintain the common areas
and the real property of the owners as well as the public streets and storm sewer system. Such
assessments will be made on a per unit basis, the same to be according to the rules, regulations and
By-laws of said association. Said assessments, when made, shall constitute a valid lien on the real
property benefited thereby to the extent of said assessment and if not paid when due, shall be
subject to foreclosure. In addition, such other fees as may, fi-om time to time, be imposed by said
Board of Administration pursuant to the rules, regulations and By-laws of said association shall be
the same as assessments and constitute a lien on the real property and improvements thereon of the
property OAvners, said fees to be uniform.
 (21) Nothing in these covenants shall be deemed to restrict the rights of the subdividers or
the property owners association or established horizontal property regimes within said planned unit
development to establish and enforce rules, regulations and other Covenants governing the
operation, ownership and maintenance of said planned unit development for multi-family dwellings
and/or condominiums located therein, however, in no event shall said rules and regulations so
promulgated have any force and efifect if the same shall conflict with these Covenants of
Assurance, and to the extent that such shall conflict with these Covenants of Assxirance, then said
other restrictions, rules or regulations shall be null, void and of no effect whatsoever.
 (22) These covenants and restrictions are to run with the land, and shall be binding upon the
subdividers, owners, their successors and assigns for a period of twenty-five (25) years from the
date hereof. At any time within six (6) months from the expiration period hereof, a majority of the
lot owners or property owners may express their intention in writing, drafted so as to be recordable
with the registrar of deeds, that they no longer wish that said Covenants of Assurance remain in full
force and effect. Upon the filing of said expression, then the Covenants of Assurance shall be
terminated as of the expiration date. In the event that no such action be taken, then these covenants
shall continue for an additional period of five (5) years, and may then be terminated in accordance
with the terms set forth for the original termination. It is further provided that, should a.three-
fourths (3/4) majority of property owners at any time wish to amend these Covenants of Assurance,
either by adding to or taking fi-om said covenants, in their present form, then the same may be
accomplished upon the execution of a written instrument duly executed by said three-fourths (3/4)
majority, in a form capable of being recorded as above referred to and under the same terms and
conditions thereof.
 (23) If any of the parties hereto, or their successors in title, or their heirs or assigns shall
violate or attempt to violate any of these covenants or restrictions as hereinabove set forth, prior to
the expiration or termination of these Covenants of Assurance, both in the original term and
continuations thereof, then it shall be lawful and authorized for any other person or persons, either


 4

 Board of Adjustment
 October 6, 2025
 Item 3
 BOA-2025-0017 (PARADIGM DEVELOPMENT & PENNINGS)
 Page 28 of 31
as a class or singularly, who own(s) any lot in this planned unit development as set forth on the
above described real property, or any portion thereof, to prosecute any proceedings at law or in
equity against the person or persons so violating, or attempting to violate, any such covenant or
restriction. Said action may be brought either to prevent said violation, to recover damages, or for
any and all other penalties available for such violation, and further, to utilize any and all other
remedies at law or equity which may now exist or which may hereafter apply.


WITNESS our hands and seals on this 12^ day of February 1979.

 SUGG-BOWEN ENTERPRISES, INC.



 By
 Ann W. Sugg
 President
AT T E S T:


SEAL


By
 John G. Sugg
 Secretary

(Signatures and seal on file with President or Secretary-Treasurer of SWPOA and the Washington
County Clerk)
 ACKNOWLEDGMENT


S TAT E OF ARKANSAS COUNTY OF WASHINGTON
Now on this 12th day of February, 1979, personally appeared before me) a Notary within and for
the State and County aforesaid, duly commissioned and acting, Ann W. Sugg and John G. Sugg,
President and Secretary of Sugg-Bowen Enterprises Inc., an Arkansas corporation, and stated that
they, as such persons all being to me well known, were duly authorized and empowered by said
corporation to execute and that they had executed the above and foregoing document entitled
"Covenants of Assurance" of their own free will and for the purposes and upon the terms and
conditions therein set forth.


WITNESS my hand and official seal on the day first hereinabove written

Notary Public

My Commission Expires:
(Signatures and seal on filewith President or Secretary-Treasurer of SWPOA and the Washington
Coimty Clerk)
' Corrected March 28,2001, by Board of Administration for clarification.



 5 Board of Adjustment
 October 6, 2025
 Item 3
 BOA-2025-0017 (PARADIGM DEVELOPMENT & PENNINGS)
 Page 29 of 31
 AMENDMENTS TO COVENANTS OF ASSURANCE


KNOW ALL MEN BY THESE PRESENTS :
 These Amendments to Covenants of Assurance are entered into by and between the parties
hereto on this 4*'' day of May, 1993.

 RECITALS
On or about February 12,1979, Sugg-Bowen Enterprises, Inc. entered into Covenants of Assurance,
which were filed on February 12,1979 with Washington County Circuit Clerk, as the owner of the
following described real property situate in Washington County, Arkansas, to-wit:
 Sunset Woods, a planned unit development to the City of Fayetteville, Arkansas, aS per the
plat of said development on file in the Office of the Circuit Clerk and Ex-Officio Recorder of
Washington County, Arkansas.

Paragraph (2) of said Covenants of Assurance permitted the construction of multi-family dwelling
units upon obtaining prior written approval of the Architectural Control Committee of the Sunset
Woods Property Owners Association, which approval could not be granted where the effect would
be to permit in excess of a stated number of units on anyone street or for the entire development.
Other covenants placed rules and regulations upon various aspects of such units, including but not
limited to location, size and construction.

Paragraph (22) of the Covenants of Assurance provided that a three fourth's (3/4) majority of the
property owners could amend the Covenants of Assurance by the execution of a written instrument
duly executed by said three-fourths (3/4) majority, in a form capable of being recorded in
accordance with the Covenants of Assurance. By their signatures hereto, a three-fourths (3/4)
majority of the current property owners of the Sunset Woods Property Owners Association hereby
express their desire to and do amend said Covenants of Assurance to prohibit the construction or
expansion of any additional or existing multi-family units in the Sunset Woods Planned Unit
Development as described above.

 TERMS AND CONDITIONS
Therefore, in consideration of the recitals set forth above and the terms and conditions set forth
below, the following Amendments to the Covenants of Assurance are hereby adopted and deemed
in full force and effect from the date hereof, the same to run with and apply to all of the above-
described real property fi-om this date forward until the same shjill terminate, be modified or expire
according to the provisions hereof or the Covenants of Assurance, to-wit:

1. Paragraph (2) of the Covenants of Assurance to the Sunset Woods Planned Unit Development is
hereby repealed and replaced and amended to read as follows:
No additional multi-family units shall be permitted to be constructed or situated in the Sunset
Woods Planned Unit Development. No existing multi-family units in the Sunset Woods
Planned Unit Development shall be expanded in any way. Upon prior written approval of the
Architectural Control Committee of the Sunset Woods Property Owners Association, lot
splits may be made pursuant to the ordinances of the City of Fayetteville, Arkansas.




 6
 Board of Adjustment
 October 6, 2025
 Item 3
 BOA-2025-0017 (PARADIGM DEVELOPMENT & PENNINGS)
 Page 30 of 31
2. Paragraph (4) of the Covenants of Assurance to the Sunset woods rianncd i/nit ocvciopmcm is
hereby amended to delete the first sentence which reads as follows: All lots to be platted upon the
above described real property shall provide for multi-family dwelling construction.

3. All provisions of the Covenants of Assurance dated February 12,1979 consistent herewith shall
continue to remain in force and effect as provided therein. All provisions of said Covenants of
Assurance inconsistent herewith shall be null and void to the extent they can not be enforced
consistent with the amendments set forth herein. All provisions regulating the various aspects of
multi-family units, such as size, location and construction, shall remain in effect and applicable to
the existing multi-family units in the Simset Woods Planned Unit Development.

4. The Amendments to Covenants of Assurance adopted herein shall be in full force and effect fi'om
and after the date hereof and shall run and apply to all of the above-described real property fi-om
this date forward until the same shall terminate, be modified or expire according to the provisions
hereof or the Covenants of Assurance.

5. The Sunset Woods property owners whose signatures appear below state and afBrm that they
have read, approved and afSrmed the foregoing Amendments to Covenants of Assurance dated
February 12,1979 and by signing below express their vote that said Amendments be adopted and
take full force and effect from and after the date first stated above.


(Signatures and seal on file with President or Secretary-Treasurer of SWPOA and Washington
County Clerk)




 7
 Board of Adjustment
 October 6, 2025
 Item 3
 BOA-2025-0017 (PARADIGM DEVELOPMENT & PENNINGS)
 Page 31 of 31
TO: Board of Adjustment

THRU: Jessie Masters, Planning Director

FROM: Wesley Frank, Planner

MEETING DATE: September 8, 2025

SUBJECT: BOA-2025-0018: Board of Adjustment (4102 W. HURON
 LOOP/RIVERWOOD HOMES, 478): Submitted by JORGENSEN &
 ASSOCIATES for property located at 4102 W. HURON LOOP. The property is
 zoned CS, COMMUNITY SERVICES and contains approximately 9.97 acres.
 The request is for a variance to minimum buildable street frontage
 requirements.

RECOMMENDATION:
Staff recommends denial of BOA-2025-0018.

RECOMMENDED MOTION:
“I move to deny BOA-2025-0018.”

BACKGROUND:
The subject property is located in west Fayetteville at the corner of W. Huron Loop and N. Rupple
Road. This property abuts Owl Creek School and is part of the Courtyards of Owl Creek
subdivision. The property is vacant but is being proposed for a clubhouse for the subdivision. It is
also not in the Hillside Hilltop Overlay District. Surrounding land uses and zoning are depicted in
Table 1.

 Table 1:
 Surrounding Land Uses and Zoning
 Direction Land Use Zoning
 North Owl Creek School R-A, Residential-Agriculture
 South Undeveloped R-A, Residential-Agriculture
 East Undeveloped R-A, Residential-Agriculture, CS, Community Services
 West Single-Family Dwelling CS, Community Services

DISCUSSION:

Request: The applicant is requesting a variance to the build-to-zone requirement associated with
the CS, Community Services zoning district. Typically, in Urban Form districts a building is
required to be placed within the build-to-zone to meet the 50% minimum buildable street frontage
(UDC § 161.22) as well as placed in both frontages of a corner lot (UDC § 164.06(D)(2)). The
applicant is proposing to place the building in only one build-to-zone as well as not fulfilling the
required 50% lot width minimum buildable street frontage requirement.




 Board of Adjustment
 October 6, 2025
 Item 4
 BOA-2025-0018 (RIVERWOOD HOMES)
 Page 1 of 13
 Table 2:
 Variance Request
 Variance Issue Requirement Proposal Variance
  Build-to-zone (W. Huron Loop and
 194 feet 18 feet 176 feet
 N. Rupple Road)



Public Comment: Staff has not received public comment but has received a question requesting
more information about the request.

RECOMMENDATION: Staff recommends denial of BOA-2025-0018. Should the Board
choose to approve this item, staff recommends the following conditions:

Conditions of Approval:

 1. The driveway shall access onto W. Huron Loop, a Residential Link street with a
 lower classification than N. Rupple Road, a Regional Link street, and

 2. The principal façade of the proposed clubhouse shall be oriented towards N. Rupple
 Road, and

 3. Supplemental elements must be incorporated into the site design along the
 property’s frontage for minimum buildable street frontage as described in 164.06(F);

 4. Approval of this variance is limited to the applicant’s request as described in this
 report, and

 5. Approval of this variance does not grant approval of or entitlement to any other
 zoning or development variances.

 BOARD OF ADJUSTMENT ACTION:  Approved  Denied  Tabled

 Date: October 6, 2025

 Motion:

 Second:

 Vote:


City Plan 2040 Future Land Use Designation: Residential Neighborhood

FINDINGS OF THE STAFF

§156.02. ZONING REGULATIONS.

Certain variances of the zoning regulations may be applied for as follows:

 B. Requirements for Variance Approval.

 Board of Adjustment
 October 6, 2025
 Item 4
 BOA-2025-0018 (RIVERWOOD HOMES)
 Page 2 of 13
 1. Where strict enforcement of the zoning ordinance would cause undue
 hardship due to circumstances unique to the individual property under
 consideration; and

Finding: Staff finds that the applicant has not met the threshold for undue hardship
 as the request to not place a building within the appropriate build-to-zone
 and with the required length appears to stem from the design of the site
 rather than circumstances unique to subject property. The CS zoning district
 requires a build-to-zone between 10 and 25 feet from the front property line
 along the length of the property’s frontage. It also requires that portions of
 the building be located within the build-to-zone for at least 50% of the width
 of the property’s frontage. That total would be 484 linear feet for a corner lot
 with a resulting in 242 feet of required minimum buildable street frontage.
 The applicant has submitted a request for an administrative waiver to
 exclude much of the build-to-zone; however, Staff is only able to waive the
 build-to-zone that is located in the streamside protection zone to the east (72
 feet) and the driveway (24 feet), which reduced the amount to 388 feet,
 requiring 194 feet of total buildable frontage. In this proposal, the building is
 located in just 18 feet of the buildable frontage.

 The applicant is also proposing a building that is not adhering to the corner
 lot placement requirement by only fronting onto W. Huron Loop. In UDC
 §164.05(D), the minimum buildable street frontage requirement shall be met
 by locating the principal faced of a building in both frontages – W. Huron
 Loop and N. Rupple Road. In the proposal, the building is located to only
 front onto W. Huron Loop, not meeting the requirement of fronting both. Staff
 finds that the applicant has not given a site-specific reason as to why the
 building cannot meet the buildable street frontage requirement or the correct
 placement of a corner lot. No alternative design has been submitted. One
 example of an alternative would be for the applicant to place the proposed
 building where the court is in an attempt to fulfill the spirit of the standards.


 2. Where the applicant demonstrates that the granting of the variance will be
 in keeping with the spirit and intent of the zoning ordinance.

Finding: Staff finds that granting the variance would not be in keeping with the spirit
 and intent of the zoning ordinance. The CS zoning district is designed to
 encourage a concentration of commercial, residential, and cultural &
 recreational development in an urban form with buildings closer to the street
 to enhance the pedestrian interaction. Staff finds the requested variance
 would not be aligned with the intent of the CS zoning district since it would
 allow the proposed building to be set further from N. Rupple Road.

 C. Minimum Necessary Variance. The Board of Adjustment may only grant the
 minimum variance necessary to make possible the reasonable use of the
 applicant’s land, building or structure.

Finding: Staff finds that the requested variance is not necessary to make reasonable
 use of the applicant’s land or proposed building.

 Board of Adjustment
 October 6, 2025
 Item 4
 BOA-2025-0018 (RIVERWOOD HOMES)
 Page 3 of 13
 D. Special Conditions. In granting a zoning regulation variance, the Board of
 Adjustment may impose whatever special conditions found necessary to ensure
 compliance and to protect adjacent property.

Finding: Should the Board choose to approve this variance, staff has recommended
 conditions of approval as outlined above.

 E. Non-permitted Uses. The Board of Adjustment may not grant, as a variance, any
 use in a zone that is not permitted under the zoning ordinance.

Finding: None are requested.


BUDGET/STAFF IMPACT:
None

ATTACHMENTS:
 • Unified Development Code
 o 161.22 Community Services
 o 164.06 Minimum Buildable Street Frontage
 • Project Maps
 o One Mile Map
 o Close-Up Map
 o Current Land Use Map
 • Request Letter
 • Conceptual Site Plan
 • Elevations




 Board of Adjustment
 October 6, 2025
 Item 4
 BOA-2025-0018 (RIVERWOOD HOMES)
 Page 4 of 13
161.22 Community Services
(A) Purpose. The Community Services District is designed primarily to provide convenience goods and personal
 services for persons living in the surrounding residential areas and is intended to provide for adaptable
 mixed use centers located along commercial corridors that connect denser development nodes. There is a
 mixture of residential and commercial uses in a traditional urban form with buildings addressing the street.
 For the purposes of Chapter 96: Noise Control, the Community Services district is a commercial zone. The
 intent of this zoning district is to provide standards that enable development to be approved
 administratively.
(B) Uses.
 (1) Permitted Uses.
 Unit 1 City-wide uses by right
 Unit 4 Cultural and recreational facilities
 Unit 5 Government facilities
 Unit 8 Single-family dwellings
 Unit 9 Two-family dwellings
 Unit 10 Three (3) and four (4) family dwellings
 Unit 13 Eating places
 Unit 15 Neighborhood Shopping goods
 Unit 24 Home occupations
 Unit 25 Offices, studios and related services
 Unit 26 Multi-family dwellings
 Unit 40 Sidewalk Cafes
 Unit 41 Accessory dwellings
 Unit 44 Cluster Housing Development
 Unit 45 Small scale production
 Unit 46 Short-term rentals



 Note: Any combination of above uses is permitted upon any lot within this zone. Conditional uses shall need
 approval when combined with pre-approved uses.
 (2) Conditional Uses.
 Unit 2 City-wide uses by conditional use permit
 Unit 3 Public protection and utility facilities
 Unit 14 Hotel, motel and amusement services
 Unit 16 Shopping goods
 Unit 17 Transportation, trades and services
 Unit 18 Gasoline service stations and drive-in/drive-
 through restaurants
 Unit 19 Commercial recreation, small sites
 Unit 28 Center for collecting recyclable materials
 Unit 34 Liquor stores
 Unit 35 Outdoor music establishments
 Unit 36 Wireless communication facilities*
 Unit 42 Clean technologies

 Board of Adjustment
 October 6, 2025
 Item 4
 BOA-2025-0018 (RIVERWOOD HOMES)
 Page 5 of 13
 Unit 48 Private dormitories



(C) Density. None.
(D) Bulk and Area Regulations.
 (1) Lot Width Minimum.
 Dwelling 18 feet
 All others None



 (2) Lot Area Minimum. None.
(E) Setback regulations.

 Front: A build-to zone that is
 located between 10 feet
 and a line 25 feet from the
 front property line.
 Side and rear: None
 Side or rear, when 15 feet
 contiguous to a single-
 family residential district:



(F) Building Height Regulations.

 Building Height Maximum 5 stories



(G) Minimum Buildable Street Frontage.50% of the lot width.
(Ord. No. 5312, 4-20-10; Ord. No. 5339, 8-3-10; Ord. No. 5462, 12-6-11; Ord. No. 5592, 6-18-13; Ord. No. 5664, 2-
18-14; Ord. No. 5735, 1-20-15; Ord. No. 5800, §1(Exh. A), 10-6-15; Ord. No. 5921, §1, 11-1-16; Ord. No. 5945, §§5,
7—9, 1-17-17; Ord. No. 6015, §1(Exh. A), 11-21-17; Ord. No. 6223, §1, 9-3-19; Ord. No. 6409 §1, 2-2-21; Ord. No.
6427, §§1(Exh. C), 2, 4-20-21; Ord. No. 6497, §1, 10-19-21; Ord. No. 6879, §2, 5-20-25)

Editor's note(s)—Ord. No. 6888, §1, adopted June 17, 2025 determines that Ordinance 6427 (Sunset Clause),
 Ordinance 6625 (extending Sunset Clause), Ordinance 6710 (extending the Sunset Clause), and Ordinance
 6820 (extending the Sunset Clause) be amended so that Ordinance 6427 and all amendments to Code
 Sections ordained or enacted by Ordinance 6427 shall automatically sunset, be repealed and become void on
 November 30, 2025 unless prior to that time and date the City Council amends this ordinance to repeal or
 further amend this sunset, repeal and termination section.




 Board of Adjustment
 October 6, 2025
 Item 4
 BOA-2025-0018 (RIVERWOOD HOMES)
 Page 6 of 13
164.06 Minimum Buildable Street Frontage
(A) Purpose. The purpose of minimum buildable street frontage regulations is to ensure traditional town form by
 locating buildings and structures in the build-to zone adjacent to the street.
 …




(D) Corner Lot.
 (1) Calculated by summing the linear distance of two (2) intersecting streets adjacent to the lot and
 applying the minimum buildable street frontage requirement of the underlying zoning district to the
 total.
 (2) The minimum buildable street frontage requirement shall be met by locating the principal façades of
 the primary structure in the build-to zone at the intersection of the two streets measured for the
 purposes of a corner lot.
 (3) If the minimum buildable street frontage requirement cannot be met supplemental elements shall be
 required and shall not exceed 25% of the minimum buildable street frontage requirement.
…




 Board of Adjustment
 October 6, 2025
 Item 4
 BOA-2025-0018 (RIVERWOOD HOMES)
 Page 7 of 13
 N
BOA-2025-0018 4102 W. HURON LOOP
 One Mile View

 RMF-12 RI-12
 0 0.13 0.25 0.5 Miles


 NS-L
 RPZD


 R-A




 RUPPLE RD
BROYLES AVE
 PERSIMMON ST


 RUPPLE RD
 R-O
 Subject Property




 P-1




 RUPPLE R
 D
 RSF-4




 TOFINO D
 R
 TOFINO D R
 CS




 RUPPLE RD
 NC


 RSF-8



 RUPPLE

 RD RSF-1


 Regional Link

 Neighborhood Link

 Alley

 Residential Link

 Planned Neighborhood Link

 Planned Residential Link

 Shared-Use Paved Trail

 Trail (Proposed)

 Fayetteville City Limits Planning Area
 Planning Area
 Board of Adjustment
 Fayetteville City Limits October 6, 2025
 Item 4
 BOA-2025-0018 (RIVERWOOD HOMES)
 Page 8 of 13
 BOA-2025-0018 4102 W. HURON LOOP
 Close Up View



 R-O



 P-1




 R-A



 Subject Property




 CS

 OOP
 L
 R ON
 H U
OLDHA
 D
 M R
 E
 DR PL
 U P
 R

BLISSFUL
 RD
 DR LE
 PP
 RU
 NC


 ANTHEM DR


 BENCHMARK


 WALES DR LN
 N
 Regional Link

 Residential Link

 Planning Area
 Feet
 Fayetteville City Limits
 Shared-Use Paved Trail 0 105 210 420 630 840
 Trail (Proposed) 1:3,400 Board of Adjustment
 October 6, 2025
 Item 4
 BOA-2025-0018 (RIVERWOOD HOMES)
 Page 9 of 13
 N
BOA-2025-0018 4102 W. HURON LOOP
 Current Land Use




 Owl Creek
 Undeveloped




 Owl Creek School
 Subject Property




 RD
 PLE
 Single-Family
 R UP
 Residential

 RD
 PLE
 P
 RU




 Single-Family Residential




 Regional Link

 Residential Link
 Feet
 Trail (Proposed)
 0 112.5 225 450 675 900
 Planning Area
 Fayetteville City Limits 1:3,600 Board of Adjustment
 October 6, 2025
 Item 4
 BOA-2025-0018 (RIVERWOOD HOMES)
 Page 10 of 13
 JORGENSEN 124 W Sunbridge Drive, Suite 5
 Fayetteville, AR 72703
 +ASSOCIATES Office: 479.442.9127
 Fax: 479.582.4807
 Civil Engineering · Surveying www.jorgensenassoc.com


August 29th, 2025

City of Fayetteville
113 W. Mountain
Fayetteville, AR 72701

Attn: Development Services

Re: Variance for Lot 52 of The Courtyards at Owl Creek

Attached herewith please find a variance request from the requirements for the build to zone as listed in the
City of Fay code. This lot is a corner lot with frontage along Rupple Road and frontage along W Huron Loop and
the only intention for this lot has been to build a clubhouse for the subdivision. Given the amount of street
frontage on this lot there is no way to design & orient a clubhouse to cover all the build to zone requirements
along both streets. We are also requesting a Variance for not putting the building in the corner and the reason
for this is to get the Pickle ball court up near the road and away from the residential portion of the site to keep
the noise away. Furthermore, there is floodplain that exist along the east side and south side. A majority of the
lot has been taken out of the floodplain via a LOMR-F and approved by FEMA but due to their requirements it
did leave some floodplain along the edges as mentioned. Due to these given hardships, we are requesting an
Administrative Variance to these requirements.

We thank you for your consideration of this proposal and please call with any questions,

Thank you.

Sincerely;



___________________________
Justin L. Jorgensen, P.E.




 Board of Adjustment
 October 6, 2025
 Item 4
 BOA-2025-0018 (RIVERWOOD HOMES)
 Page 11 of 13
 Board of Adjustment
 October 6, 2025
 Item 4
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 PL PL LOCATION: FAYETTEVILLE, AR
 SET IRON PIN WITH CAP
 JORGENSEN 124 W Sunbridge Drive, Suite 5
 SHEET # 1
 CENTERLINE OF ROAD UTILITY EASEMENT Fayetteville, AR 72703 SHEET TITLE: FRONTAGE EXHIBIT
LEGEND
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 +ASSOCIATES Office: 479.442.9127
 www.jorgensenassoc.com
 DRAWN BY: JH
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 RIGHT OF WAY LIMITS OF FLOOD ZONE Civil Engineering + Surveying Established 1985
 R/W R/W DATE: 7/14/2025
 S SEWER MANHOLE 100-YR 100-YR
 PROJECT FILE: Z:\SUB\2019016
 Board of Adjustment
 October 6, 2025
 Item 4
BOA-2025-0018 (RIVERWOOD HOMES)
 Page 13 of 13