Board Of Adjustments — Fayetteville, AR
Date: 2025-07-07
Time: 15:45

113 W. Mountain St.
 Fayetteville, AR 72701


Board of Adjustment Agenda
 Monday, July 7, 2025
 3:45 PM
 City Hall Room 219


 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)
 Vacant (Exp. 03/28)

 City Staff
 Planning Director Jessie Masters
 Assistant City Attorney Hannah Hungate
Board of Adjustment Meeting Agenda July 7, 2025




Zoom Information
 Webinar ID: 868 9308 2690
 Registration Link: https://fayetteville-
 ar.zoom.us/webinar/register/WN_klPNMDQiT1yAy70WsDdkFg

Call to Order
Roll Call
 Approval of the minutes from the June 2, 2025 meeting.

 BOARD OF ADJUSTMENT BY-LAWS AMENDMENTS

Unfinished Business

 3. BOA-2025-0011: Board of Adjustment (221 E. LAFAYETTE ST/ROSE,
 485):
 Submitted by JAMES AND JUSTINE ROSE for property located at 221 E.
 LAFAYETTE ST. The property is zoned RSF-4, RESIDENTIAL SINGLE-
 FAMILY, FOUR UNITS PER ACRE and contains approximately 0.16 acres.
 The request is for a variance to setback requirements.

 THIS ITEM WAS TABLED AT THE JUNE 2, 2025 BOARD OF ADJUSTMENT
 MEETING.
 Planner: Jessica Masters
New Business

 4. BOA-2025-0012: Board of Adjustment (463 S. BENCHMARK LN/RIVER
 OAK PARTNERS LLC, 517):
 Submitted by TITAN CONSTRUCTION LLC for property located at 463 S.
 BENCHMARK LN. The property is zoned NC, NEIGHBORHOOD
 CONSERVATION and contains approximately 0.15 acres. The request is for a
 variance to setback requirements.
 Planner: Wesley Frank
 5. BOA-2025-0013: Board of Adjustment (426 E. LAFAYETTE ST/FULL
 CIRCLE HOLDINGS LLC, 485):
 Submitted by FRAN FREE for property located at 426 E. LAFAYETTE ST. The
 property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, FOUR UNITS PER
 ACRE and contains approximately 0.16 acres. The request is for a variance to
 setback requirements.


City of Fayetteville, Arkansas page 2
Board of Adjustment Meeting Agenda July 7, 2025



 Planner: Jessica Masters
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), 25 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
 Monday, July 7, 2025
 3:45 PM
 City Hall Room 219


 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)
 Vacant (Exp. 03/28)

 City Staff
 Planning Director Jessie Masters
 Assistant City Attorney Hannah Hungate
Board of Adjustment Meeting Agenda July 7, 2025




Zoom Information
 Webinar ID: 868 9308 2690
 Registration Link: https://fayetteville-
 ar.zoom.us/webinar/register/WN_klPNMDQiT1yAy70WsDdkFg

Call to Order
Roll Call
 Approval of the minutes from the June 2, 2025 meeting.

 BOARD OF ADJUSTMENT BY-LAWS AMENDMENTS

Unfinished Business

 3. BOA-2025-0011: Board of Adjustment (221 E. LAFAYETTE ST/ROSE,
 485):
 Submitted by JAMES AND JUSTINE ROSE for property located at 221 E.
 LAFAYETTE ST. The property is zoned RSF-4, RESIDENTIAL SINGLE-
 FAMILY, FOUR UNITS PER ACRE and contains approximately 0.16 acres.
 The request is for a variance to setback requirements.

 THIS ITEM WAS TABLED AT THE JUNE 2, 2025 BOARD OF ADJUSTMENT
 MEETING.
 Planner: Jessica Masters
New Business

 4. BOA-2025-0012: Board of Adjustment (463 S. BENCHMARK LN/RIVER
 OAK PARTNERS LLC, 517):
 Submitted by TITAN CONSTRUCTION LLC for property located at 463 S.
 BENCHMARK LN. The property is zoned NC, NEIGHBORHOOD
 CONSERVATION and contains approximately 0.15 acres. The request is for a
 variance to setback requirements.
 Planner: Wesley Frank
 5. BOA-2025-0013: Board of Adjustment (426 E. LAFAYETTE ST/FULL
 CIRCLE HOLDINGS LLC, 485):
 Submitted by FRAN FREE for property located at 426 E. LAFAYETTE ST. The
 property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, FOUR UNITS PER
 ACRE and contains approximately 0.16 acres. The request is for a variance to
 setback requirements.


City of Fayetteville, Arkansas page 2
Board of Adjustment Meeting Agenda July 7, 2025



 Planner: Jessica Masters
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), 25 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, June 2, 2025
 Time: In: 3:45 PM Out: 5:05 PM
 Staff :
 □X Jessie Masters, Development Review Manager
 X□ Gretchen Harrison, Senior Planner
 □ Donna Wonsower, Planner
 X□ Wesley Frank, Planner
 □ Blake Pennington, Sr Assistant City Attorney
 X
 □ Hannah Hungate, Assistant City Attorney
 Roll Call Meeting Minutes 1) BOA-2025-0009 2) BOA-2025-0010 3) BOA-2025-0011
 4-7-2025 (MCCABE) (SOUTH CS (ROSE)
 APARTMENTS
 LLC)


Adkins-Oury 0
Keys 1 1 1 1 1
Young 1 1 1 1 1
Fox 1 1 1 1 1

Agenda Consent New New New
Motion To: Approve Approve Approve Table
Motion By: Keys Keys Keys Fox
Seconded: Young Young Young Keys
Vote 3-0-0 3-0-0 3-0-0 3-0-0
 With added condition Until the July 7, 2025
 that the addition Board of Adjustment
Notes meets setback meeting.
 requirements.

Public Comment: 0 1 0 0




 Board of Adjustment
 July 7, 2025
 A video of this meeting is accessible through the link below: Item 1
 https://reflect-fayetteville-ar.cablecast.tv/CablecastPublicSite/show/8984?site=1 MINUTES (June, 2, 2025)
 Page 1 of 1
Based on the amendment to Act 505 and discussion with the sponsor of the bill that
became Act 505, Senator Clark Tucker, we are proposing the following bylaw change to
comply with Act 505 while still allowing Board members to attend virtually:

 3. Place of Meetings. Unless otherwise specified by the Chair, and unless
 notice of a different meeting place is duly given with the notice of the time
 of meeting, as provided in Chapter 157, Unified Development Code, Board
 meetings shall be held at the Fayetteville City Administration Building.
 After proper notice has been provided to the public, the Board of
 Adjustment is authorized to assemble, gather, meet, and conduct open
 public meetings (including speaking, voting and approving or making
 recommendations regarding development applications) through
 appropriate electronic means which ensure the public’s right to attend by
 being able to listen to the proceedings and discussions. These open public
 meetings include any Board of Adjustment committee meetings. Board
 members attending meetings virtually shall ensure their faces are visible
 during roll call to establish quorum, any time they are speaking, and when
 voting on any question.




 Page 2 of 2
 BOARD OF ADJUSTMENT
 Fayetteville, Arkansas

 Rules of Procedure and Regulations

1. Purpose. It is the purpose of these rules to set forth the procedure to be
followed at all Board of Adjustment meetings and to regulate enforcement of
conditional variances.

2. Time of Meetings. The Board shall meet on the first Monday of each month
in which variance applications or appeals have been filed. In the event the first
Monday is a City Holiday, the meeting shall move to the second Monday. In
addition, the Board may meet on call of the Chair, or Vice Chair when the Chair is
absent.

3. Place of Meetings. Unless otherwise specified by the Chair, and unless
notice of a different meeting place is duly given with the notice of the time of
meeting, as provided in Chapter 157, Unified Development Code, Board meetings
shall be held at the Fayetteville City Administration Building. After proper notice
has been provided to the public, the Board of Adjustment is authorized to
assemble, gather, meet, and conduct open public meetings (including speaking,
voting and approving or making recommendations regarding development
applications) through appropriate electronic means which ensure the public’s right
to attend by being able to listen to the proceedings and discussions. These open
public meetings include any Board of Adjustment committee meetings. Board
members attending meetings virtually shall ensure their faces are visible during roll
call to establish quorum, any time they are speaking, and when voting on any
question.

4. Records of Meetings. Meetings of the Board shall be recorded by audio and
video means. In conjunction with documentation of attendance, motions, seconds,
and votes, recordings shall serve as the official meeting record and minutes for the
Board.

5. Quorum. Three (3) of the five (5) members of the Board constitute a
quorum, and no action shall be taken by the Board on any motion unless a quorum
is present and unless a majority of the members present votes in favor of the
motion. An abstention shall not be construed as a vote. In the event of absence of a
quorum at any called or regularly scheduled meeting, applications and appeals to
have been heard at that meeting will be heard at the next Board Meeting.
6. Election and Duties of Chair and Vice Chair. A Chair and Vice Chair shall
be elected each year for a one (1) year term at the first regularly scheduled meeting
of the Board after March 1st. Nominees shall be placed in nomination and elected
by a majority vote of those members present. In the event that there is a tie, the
most senior member (by years of service) of those nominated for the position shall
be elected to the position. To be eligible for election as Chair, one must be a
member of the Board with at least one year remaining in one’s membership term. It
shall be the duty of the Chair to conduct all meetings of the Board, to assure that
adequate records of the proceedings and actions of the Board are kept and to
represent the Board as may be appropriate in its external affairs. The Vice Chair
shall serve in the absence of the Chair. In the event both the Chair and Vice Chair
are absent, the most senior member (by years of service) present shall become
Temporary Chair and shall call and/or conduct the meeting. Should the office of
Chair or Vice Chair become vacant due to reasons other than normal termination of
the term of office, an election shall be held at the first Board meeting after the
vacancy occurs.

7. Conduct of Meetings. The Chair, after dispensing with the Minutes of the
previous meeting, shall read the first Agenda item, and ask for the Report of the
Planning Staff, and their recommendations. The applicant or appellant or his or her
representative shall then be given an opportunity to explain the written application
or appeal previously filed, and any other person present at the meeting shall be
allowed to comment for a reasonable period of time. Any member who intends to
abstain when the vote is taken shall make this fact known when the Chair
announces the agenda item and shall not participate in any aspect related to that
request. Any other member of the Board may question any person who has spoken
concerning the item. Applications and appeals shall be called for hearing in the
order presented on the Board’s agenda published by the Planning Division. Board
meetings shall be open to any person, and although comments from the applicant
or appellant and others who may be present will generally not be permitted during
deliberation and decision, the Chair may call upon any person in attendance to
respond to a question.

8. Actions which may be Taken. The Board may grant the variance or appeal.
The Board may deny the variance or appeal. The Board may grant a variance
which is different from that requested, as long as it is a “lesser” variance, in the
sense that the Board perceives it would be more consistent with the provisions of
the zoning ordinance and/or less affective of the surrounding property than the
variance requested. By majority vote, the Board may delay public hearing and/or
deliberation and decision of any application or appeal until the next regularly

 2
scheduled meeting of the Board. Any further delay must also be by a majority vote
of the Board and must be based upon the request of the appellant or applicant,
either in writing or by oral statement before the Board. In no case will decision of
an appeal or application be delayed beyond the second regular meeting after the
original meeting at which the appeal or application was considered.

9. Reconsideration. After the decision of any question, any member of the
prevailing side may request a reconsideration of any action at the same or the next
succeeding meeting. A motion to reconsider requires a simple majority for
passage. If the motion to reconsider is approved at the next succeeding meeting,
the item shall be placed on the agenda of the next regular meeting of the Board,
with renotification as required by Chapter 157 of the Unified Development Code.

10. Enforcement. The Zoning and Development Administrator will notify
Building Safety inspectors of any conditions required by the Board to be met by
one who has been issued a building permit allowing construction upon property as
to which a variance has been granted. Building inspectors will, in turn, report any
failure to comply with such conditions, to the Zoning and Development
Administrator and no occupancy permit will be issued until the conditions have
been met.

11. Amendment. The Rules of Procedure and Regulations of the Board of
Adjustment, Fayetteville, Arkansas, may be amended only after the members of
the Board have been notified in writing and by a 2/3 majority vote of the Board
members.

These rules adopted by the Fayetteville Board of Adjustment on the 20th day
of December, 1976, as amended: 09/20/1982; 03/06/2006; 06/04/2012;
04/04/2022; 10/7/2024; 3/3/2025; and 7/7/2025.



 ______________________________
 ERIN ADKINS-OURY, Chair




 3
 BOARD OF ADJUSTMENT
 Fayetteville, Arkansas

 Rules of Procedure and Regulations

1. Purpose. It is the purpose of these rules to set forth the procedure to be
followed at all Board of Adjustment meetings and to regulate enforcement of
conditional variances.

2. Time of Meetings. The Board shall meet on the first Monday of each month
in which variance applications or appeals have been filed. In the event the first
Monday is a City Holiday, the meeting shall move to the second Monday. In
addition, the Board may meet on call of the Chair, or Vice Chair when the Chair is
absent.

3. Place of Meetings. Unless otherwise specified by the Chair, and unless
notice of a different meeting place is duly given with the notice of the time of
meeting, as provided in Chapter 157, Unified Development Code, Board meetings
shall be held at the Fayetteville City Administration Building. After proper notice
has been provided to the public, the Board of Adjustment is authorized to
assemble, gather, meet, and conduct open public meetings (including speaking,
voting and approving or making recommendations regarding development
applications) through appropriate electronic means which ensure the public’s right
to attend by being able to listen to the proceedings and discussions. These open
public meetings include any Board of Adjustment committee meetings. Board
members attending meetings virtually shall ensure their faces are visible during roll
call to establish quorum, any time they are speaking, and when voting on any
question.

4. Records of Meetings. Meetings of the Board shall be recorded by audio and
video means. In conjunction with documentation of attendance, motions, seconds,
and votes, recordings shall serve as the official meeting record and minutes for the
Board.

5. Quorum. Three (3) of the five (5) members of the Board constitute a
quorum, and no action shall be taken by the Board on any motion unless a quorum
is present and unless a majority of the members present votes in favor of the
motion. An abstention shall not be construed as a vote. In the event of absence of a
quorum at any called or regularly scheduled meeting, applications and appeals to
have been heard at that meeting will be heard at the next Board Meeting.
6. Election and Duties of Chair and Vice Chair. A Chair and Vice Chair shall
be elected each year for a one (1) year term at the first regularly scheduled meeting
of the Board after March 1st. Nominees shall be placed in nomination and elected
by a majority vote of those members present. In the event that there is a tie, the
most senior member (by years of service) of those nominated for the position shall
be elected to the position. To be eligible for election as Chair, one must be a
member of the Board with at least one year remaining in one’s membership term. It
shall be the duty of the Chair to conduct all meetings of the Board, to assure that
adequate records of the proceedings and actions of the Board are kept and to
represent the Board as may be appropriate in its external affairs. The Vice Chair
shall serve in the absence of the Chair. In the event both the Chair and Vice Chair
are absent, the most senior member (by years of service) present shall become
Temporary Chair and shall call and/or conduct the meeting. Should the office of
Chair or Vice Chair become vacant due to reasons other than normal termination of
the term of office, an election shall be held at the first Board meeting after the
vacancy occurs.

7. Conduct of Meetings. The Chair, after dispensing with the Minutes of the
previous meeting, shall read the first Agenda item, and ask for the Report of the
Planning Staff, and their recommendations. The applicant or appellant or his or her
representative shall then be given an opportunity to explain the written application
or appeal previously filed, and any other person present at the meeting shall be
allowed to comment for a reasonable period of time. Any member who intends to
abstain when the vote is taken shall make this fact known when the Chair
announces the agenda item and shall not participate in any aspect related to that
request. Any other member of the Board may question any person who has spoken
concerning the item. Applications and appeals shall be called for hearing in the
order presented on the Board’s agenda published by the Planning Division. Board
meetings shall be open to any person, and although comments from the applicant
or appellant and others who may be present will generally not be permitted during
deliberation and decision, the Chair may call upon any person in attendance to
respond to a question.

8. Actions which may be Taken. The Board may grant the variance or appeal.
The Board may deny the variance or appeal. The Board may grant a variance
which is different from that requested, as long as it is a “lesser” variance, in the
sense that the Board perceives it would be more consistent with the provisions of
the zoning ordinance and/or less affective of the surrounding property than the
variance requested. By majority vote, the Board may delay public hearing and/or
deliberation and decision of any application or appeal until the next regularly

 2
scheduled meeting of the Board. Any further delay must also be by a majority vote
of the Board and must be based upon the request of the appellant or applicant,
either in writing or by oral statement before the Board. In no case will decision of
an appeal or application be delayed beyond the second regular meeting after the
original meeting at which the appeal or application was considered.

9. Reconsideration. After the decision of any question, any member of the
prevailing side may request a reconsideration of any action at the same or the next
succeeding meeting. A motion to reconsider requires a simple majority for
passage. If the motion to reconsider is approved at the next succeeding meeting,
the item shall be placed on the agenda of the next regular meeting of the Board,
with renotification as required by Chapter 157 of the Unified Development Code.

10. Enforcement. The Zoning and Development Administrator will notify
Building Safety inspectors of any conditions required by the Board to be met by
one who has been issued a building permit allowing construction upon property as
to which a variance has been granted. Building inspectors will, in turn, report any
failure to comply with such conditions, to the Zoning and Development
Administrator and no occupancy permit will be issued until the conditions have
been met.

11. Amendment. The Rules of Procedure and Regulations of the Board of
Adjustment, Fayetteville, Arkansas, may be amended only after the members of
the Board have been notified in writing and by a 2/3 majority vote of the Board
members.

These rules adopted by the Fayetteville Board of Adjustment on the 20th day
of December, 1976, as amended: 09/20/1982; 03/06/2006; 06/04/2012;
04/04/2022; 10/7/2024; and 3/3/2025; and 7/7/2025.



 ______________________________
 ERIN ADKINS-OURY, Chair




 3
TO: Board of Adjustment

THRU: Jessie Masters, Development Review Manager

FROM: Gretchen Harrison, Senior Planner

MEETING DATE: July 7, 2025

SUBJECT: BOA-2025-0011: Board of Adjustment (221 E. LAFAYETTE ST./ROSE,
 485): Submitted by JAMES AND JUSTINE ROSE for property located at
 221 E. LAFAYETTE ST. The property is zoned RSF-4, RESIDENTIAL
 SINGLE-FAMILY, FOUR UNITS PER ACRE and contains approximately
 0.16 acres. The request is for a variance to setback requirements.

RECOMMENDATION:
Staff recommends denial of BOA-2025-0011.

RECOMMENDED MOTION:
“I move to deny BOA-2025-0011.”

JUNE 2, 2025 BOARD OF ADJUSTMENT MEETING:
At the June 2 meeting, the Board of Adjustment voted to table this item until the July 7 meeting to
give the applicant time to provide supporting information. During the meeting, board members
raised questions about the location of property lines, setbacks, and the proposed structure. They
asked the applicant to provide a survey of their property to verify that information. The Board also
expressed concerns about potential conflicts with building code requirements. Given the proximity
of existing structures on adjacent properties, the Board questioned whether the proposed building
would be permissible under building code even if a zoning variance were granted.

In the meantime, the applicant has hired a professional land surveyor to prepare a survey of their
property, which has not yet been completed. Planning staff also consulted with the City’s Building
Safety Division and confirmed that a structure may be built within required setbacks, however,
any portion located within five feet of a property line must meet fire-rating requirements.

BACKGROUND:
The subject property is located on the south side of Lafayette Street between Washington Avenue
and Willow Avenue. It contains one parcel totaling 0.16 acres, is currently developed with a single-
family residence, and located within RSF-4 zoning. According to Washington County records, the
house was built in 1916. The property lies within the Washington-Willow Historic District, which
was listed on the National Register of Historic Places in 1980. The house is identified as a
contributing structure in the district’s National Register nomination. While the district is recognized
in the National Register, no local design standards are currently in place for it. In September of
2024, a building permit was issued to remodel the house. The work primarily focused on interior
alterations, though new windows and siding were also installed. Surrounding land uses and
zoning are depicted in Table 1.


 Board of Adjustment
 July 7, 2025
 Item 3
 BOA-2025-0011 (ROSE)
 Page 1 of 14
 Table 1:
 Surrounding Land Uses and Zoning
 Direction Land Use Zoning
 North Single-Family Residential RSF-4, Residential Single-Family, Four Units per Acre
 South Single-Family Residential RSF-4, Residential Single-Family, Four Units per Acre
 East Single-Family Residential RSF-4, Residential Single-Family, Four Units per Acre
 West Single-Family Residential RSF-4, Residential Single-Family, Four Units per Acre

DISCUSSION:
Request: The applicant requests a variance to build a detached garage which would encroach
into side and rear setbacks. The requested variance is described further in Table 2.
 Table 2:
 Variance Request
 Variance Issue Requirement Proposal Variance
 Side (west) building setback 5 feet 0 feet 5 feet
  Rear (south) building setback 15 feet 0 feet 15 feet


Public Comment: Staff received a letter of support from the owner of the adjacent property to the
west. That letter was included with the applicant’s submission. No other public comments have
been received otherwise.

RECOMMENDATION: Staff recommends denial of BOA-2025-0011. 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,

 2. Any portion of the structure within five feet of a property line has to be fire rated in
 compliance with applicable building codes,

 3. Approval of this variance does not grant approval of or entitlement to any required
 permits or other zoning or development variances, and

 4. Approval of this variance does not represent allowance for encroachment into other
 required setbacks.


 BOARD OF ADJUSTMENT ACTION:  Approved  Denied  Tabled

 Date: July 7, 2025

 Motion:

 Second:

 Vote:


City Plan 2040 Future Land Use Designation: Residential Neighborhood Area

 Board of Adjustment
 July 7, 2025
 Item 3
 BOA-2025-0011 (ROSE)
 Page 2 of 14
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 does not meet the criteria for undue hardship.
 In their request letter, the applicant noted that a garage previously existed in
 the southwest corner of the property, but it was demolished by a previous
 owner and city records show that the structure was removed sometime
 between 1980 and 1994. The applicant plans to construct a new garage in a
 similar location, though the new structure would extend further north,
 measuring approximately 14 feet in width and 45 to 50 feet in length.

 The applicant has stated that the proposed garage would provide covered
 parking and may help reduce groundwater infiltration into their home’s
 basement. However, staff finds it unclear whether the new structure would
 meaningfully address the latter concern. Further, covered parking is not
 required by city code, so it is considered a convenience rather than a
 necessity. The City’s parking ordinance states that parking for single-family
 dwellings must be provided at a rate of two spaces per unit, and there
 appears to be space in the existing driveway on the west side of the property
 to park two vehicles. Staff finds that granting the requested variance would
 ultimately allow for the addition of covered parking, which is not required by
 code and may be viewed as conferring a special privilege not generally
 available to other property owners within the RSF-4 zoning district.

 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 align with the spirit
 and intent of the zoning ordinance .The RSF-4 zoning district is intended to
 support low-density residential development in appropriate environments
 and to protect existing single-family developments of those types. Staff finds
 that denial of this variance would not prevent the applicant from using their
 property as a single-family residence since it would not affect the primary
 dwelling. Further, there is space on the property to accommodate the
 required number of off-street parking spaces for a single-family residence in
 the existing driveway. There also appears to be room in the rear yard to
 construct an accessory structure outside of required setbacks or with less
 encroachment. Therefore, denying this variance would not preclude the
 applicant from having on-site parking or an accessory structure, it would just
 limit their ability to construct a structure in a location that staff finds to be
 inconsistent with the intent of the zoning ordinance.

 Board of Adjustment
 July 7, 2025
 Item 3
 BOA-2025-0011 (ROSE)
 Page 3 of 14
 However, staff acknowledges that the existing development pattern in the
 Washington-Willow neighborhood is not fully consistent with current RSF-4
 zoning regulations, despite most properties in the area being in that zoning
 district. As the applicant noted, several adjacent and nearby properties
 feature garages and accessory structures built directly on property lines or
 within current setbacks. Further, the subject property itself does not meet
 the bulk and area requirements of the RSF-4 zoning district. The property
 has a lot width of 63 feet and an area of approximately 7,000 square feet,
 while RSF-4 zoning requires a minimum lot width of 70 feet and a minimum
 lot area of 8,000 square feet. With that said, the proposed location of the
 garage may be compatible with the established neighborhood character
 which largely predates current zoning requirements. Nevertheless, staff
 finds that the proposed garage does not meet current zoning requirements
 and is not necessary to allow for the reasonable use of the applicant’s
 property.

 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 property since a detached garage is considered a convenience
 rather than a necessity. There is also undeveloped, buildable area in the rear
 yard, so the extent of the proposed setback encroachment may not represent
 the minimum required to accommodate a detached garage either.

 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 the 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 is requested.

BUDGET/STAFF IMPACT:
None

ATTACHMENTS:
  • Unified Development Code
 o §161.07 District RSF-4, Residential Single-Family, Four (4) Units Per Acre
  • Request Letter
  • Site Plan
  • Building Elevation
  • Public Comment
  • One Mile Map


 Board of Adjustment
 July 7, 2025
 Item 3
 BOA-2025-0011 (ROSE)
 Page 4 of 14
• Close-Up Map
• Current Land Use Map




 Board of Adjustment
 July 7, 2025
 Item 3
 BOA-2025-0011 (ROSE)
 Page 5 of 14
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

(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.



 Board of Adjustment
 July 7, 2025
 Item 3
 BOA-2025-0011 (ROSE)
 Page 6 of 14
Dear [Board of Adjustments/City Planning Department],

Good morning. My name is Justine Rose, and my husband David and I are the owners
of the property at 221 E. Lafayette Street in Fayetteville. We purchased this home in
August of last year, and since then, it has been undergoing an extensive renovation.

The house was in a state of severe disrepair when we acquired it. We have taken it
down to the studs and have completed a full restoration. This includes brand-new
electrical, plumbing, and HVAC systems, spray foam insulation, a new roof and gutters,
Hardie board siding with vapor barrier, and the installation of 39 new windows. We've
also updated all cosmetic finishes—remaining committed to preserving the home’s
original charm and maintaining the historic character of the neighborhood.

We are writing today to respectfully request a setback variance to build a garage with a
carport-style entrance on the west side of our property. There was previously a garage
in this location that was torn down by former owners, and we hope to rebuild in roughly
the same area.

The proposed structure would be located in the backyard and attached to the main
house, extending south toward the rear fence. It would be approximately 14 feet wide
and 45 to 50 feet long, with a tandem design—appearing as a single-car garage from
the front. A pergola-style carport would connect the garage to the house and extend
toward the property line in a way that blends seamlessly with the architecture and
maintains visual openness.

This project is important to us for several reasons. Functionally, it will allow us to protect
our vehicles—including our all-electric car, which requires charging—and provide much-
needed storage. More urgently, it has become a critical health and safety issue. We
recently discovered that the basement is experiencing water intrusion, even after new
gutters were installed. This has resulted in serious respiratory issues for me, and
addressing the moisture problem has become a top priority.

The proposed garage structure with concrete driveway would prevent groundwater from
seeping down through the foundation into the basement.

We’ve spoken to the Brembers who own the house directly adjacent to the proposed
structure, and they have expressed no objection to our plans and wrote a letter in
support of the project. Additionally, we have a photograph from roughly 20 years ago
that shows the location of the original garage.

We are proud of the improvements we've made to this historic home and are fully
committed to contributing positively to the fabric of the Fayetteville community. We've
included design renderings and reference materials with this letter, which reflect a
garage that honors the era and style of the home.




 Board of Adjustment
 July 7, 2025
 Item 3
 BOA-2025-0011 (ROSE)
 Page 7 of 14
We have attached pictures of where the old structure was on the property as well as
other supporting pictures.

Thank you very much for your time and thoughtful consideration. We sincerely hope you
will support our request for this meaningful and much-needed addition to our property.

Warm regards,
Justine & David Rose
221 E. Lafayette Street
Fayetteville, AR




 Board of Adjustment
 July 7, 2025
 Item 3
 BOA-2025-0011 (ROSE)
 Page 8 of 14
 Board of Adjustment
 July 7, 2025
 Item 3
BOA-2025-0011 (ROSE)
 Page 9 of 14
 Board of Adjustment
 July 7, 2025
 Item 3
BOA-2025-0011 (ROSE)
 Page 10 of 14
 Board of Adjustment
 July 7, 2025
 Item 3
BOA-2025-0011 (ROSE)
 Page 11 of 14
 N
  BOA-2025-0011 221 E. LAFAYETTE ST
 One Mile View




 L EGE AVE
 0 0.13 0.25 0.5 Miles
 RSF-4



 C OL




 P-1

 UT




 Subject Property


 M ISSION BLVD
RMF-40 CS


 I-1
 DG NC
 RMF-6
 LAFAYETTE ST
 RPZD

 MSC



 DICKSON ST
 R-O




 DC




 RMF-24

 ROCK
 ST MILL
 AVE

 Neighborhood Link

 Regional Link - High Activity

 Urban Center

 Unclassified

 Alley

 Residential Link

 Shared-Use Paved Trail

 Trail (Proposed)

 Design Overlay District
 Fayetteville City Limits Planning Area
 Planning Area
 Board of Adjustment
 Fayetteville City Limits July 7, 2025
 Item 3
 BOA-2025-0011 (ROSE)
 Page 12 of 14
 BOA-2025-0011 221 E. LAFAYETTE ST
 Close Up View


 UT CS


 MAPLE ST




 WALNUT AVE
 Subject Property




 WASHINGTON AVE
 LAFAYETTE ST



COLLEGE AVE
 WILLOW AVE
 P-1

 RPZD




 SUTTON ST
 MSC




 RSF-4




 Neighborhood Link
 DICKSON ST
 ALLEY
 248 N
 Regional Link - High Activity

 Urban Center

 Alley

 Residential Link

 Hillside-Hilltop Overlay District
 Feet
 Planning Area
 0 75 150 300 450 600
 Fayetteville City Limits
 Design Overlay District 1:2,400 Board of Adjustment
 July 7, 2025
 Item 3
 BOA-2025-0011 (ROSE)
 Page 13 of 14
 N
 BOA-2025-0011 221 E. LAFAYETTE ST
 Current Land Use




 Single-Family and
 Two-Family Residential

 MAPLE ST




 WILLOW AVE
 Subject Property




 COLLEGE AVE OLIVE AVE
 LAFAYETTE ST




HIGHLAND AVE
 Single-Family Residential Mixed Residential
 and Commercial




 Mixed Use
 DICKSON ST DICKSON ST




 Neighborhood Link

 Regional Link - High Activity

 Urban Center

 Alley
 Feet
 Residential Link

 Planning Area 0 112.5 225 450 675 900
 Fayetteville City Limits
 Design Overlay District
 1:3,600 Board of Adjustment
 July 7, 2025
 Item 3
 BOA-2025-0011 (ROSE)
 Page 14 of 14
TO: Board of Adjustment

THRU: Jessie Masters, Planning Director

FROM: Wesley Frank, Planner

MEETING DATE: July 7, 2025

SUBJECT: BOA-2025-0022: Board of Adjustment (463 S. BENCHMARK LN./RIVE
 OAKS PARTNERS, 517): Submitted by TITAN CONSTRUCTION LLC for
 property located at 463 S. BENCHMARK LN. The property is zoned NC,
 NEIGHBORHOOD CONSERVATION and contains approximately 0.15 acres.
 The request is for a variance to setback requirements.

RECOMMENDATION:
Staff recommends approval of BOA-2025-0022.

RECOMMENDED MOTION:
“I move to approve BOA-2025-0022.”

BACKGROUND:
The subject property is in south west Fayetteville, nearly 4/5 of a mile north of the West Martin
Luther King Boulevard and South Rupple Road intersection. The property is being developed with
a single-family dwelling (RESI-2024-0847). The property is not located in an overlay district.
Surrounding land uses and zoning are depicted in Table 1.

 Table 1:
 Surrounding Land Uses and Zoning
 Direction Land Use Zoning
 North Single-Family NC, Neighborhood Conservation
 South Single-Family NC, Neighborhood Conservation
 East Single-Family NC, Neighborhood Conservation
 West Single-Family NC, Neighborhood Conservation


DISCUSSION:
Request: The applicant is requesting a variance to the NC zoning district’s side setback
requirement (UDC §161.29(E)). During the building process, a third-party contractor inadvertently
moved the boundary pin, resulting in the home’s footing to enter the side setback. The discovery
of the encroachment occurred after the home was almost completed and a final survey performed.
The applicant seeks to bring this single-family dwelling into compliance by seeking approval from
the Board of Adjustment prior to completing the development.




 Board of Adjustment
 July 7, 2025
 Item 4
 BOA-2025-0012 (RIVER OAK PARTNERS LLC)
 Page 1 of 11
 Table 2:
 Variance Request
 Variance Issue Requirement Proposal Variance
 Side setback 5’ setback 4’ 9 3/5” 2 2/5” encroachment


Public Comment: Staff has not received any public comment to this request.

RECOMMENDATION: Staff recommends approval of BOA-2025-0022. 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. Approval of this variance does not grant approval of or entitlement to any other
 zoning or development variances or to any necessary permits.

 BOARD OF ADJUSTMENT ACTION:  Approved  Denied  Tabled

 Date: July 7, 2025

 Motion:

 Second:

 Vote:


City Plan 2040 Future Land Use Designation: Residential Neighborhood Area

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 does meet the criteria for undue hardship as the
 applicant was attempting to adhere to the setback requirement but was
 unable due to an error in development. The site plan, attached, that was
 submitted with the original building permit showed a structure that was
 meeting the required setbacks. Additionally, any alternative solution may be
 infeasible. The physical remedies in this case would either be to alter the
 property lines, or to alter the structure, both of which are disproportionate
 to the level of encroachment. A shift in property line may have knock-on
 effects to setback requirements for adjacent properties and reconstructing
 the building would likely have a cost that is unreasonable. With the applicant

 Board of Adjustment
 July 7, 2025
 Item 4
 BOA-2025-0012 (RIVER OAK PARTNERS LLC)
 Page 2 of 11
 attempting to adhere to the setback requirement when development began,
 the small scope of the variance request, and the non-proportional potential
 solution, staff finds that the applicant does have an undue hardship.

 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 this variance would be in keeping with the spirit and
 intent of the zoning ordinance. The NC zoning district is designed to permit
 and encourage the development of low-density detached dwellings in
 suitable environments. The 5-foot side setback of this zoning district is
 intended for safety, uniformity, and privacy with nearby developments. The
 proposed variance request is determined to be acceptable as the setback
 change would not be significant enough to be a difference to the neighboring
 dwellings, confirming uniformity within the area. Building safety commented
 that although requiring a fire-rated wall may not be feasible at this time, the
 remaining setback separation of 4 feet and 9 inches from the home and
 neighboring home’s property line would be sufficient to ensure safety.
 Additionally, this remaining strip of distance will be managed yard which
 certifies privacy between the subject and neighboring properties. The
 variance request would not be a detriment to the area as it would still affirm
 the spirit of the side setback 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.

Finding: Staff finds that the requested variance is necessary to make reasonable use
 of the applicant’s existing structure.

 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 the 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 is requested.

BUDGET/STAFF IMPACT:
None




 Board of Adjustment
 July 7, 2025
 Item 4
 BOA-2025-0012 (RIVER OAK PARTNERS LLC)
 Page 3 of 11
ATTACHMENTS:
  • Unified Development Code
 o §161.29 - Neighborhood Conservation
  • Request Letter
  • Site Plan
  • One Mile Map
  • Close-Up Map
  • Current Land Use Map




 Board of Adjustment
 July 7, 2025
 Item 4
 BOA-2025-0012 (RIVER OAK PARTNERS LLC)
 Page 4 of 11
161.29 Neighborhood Conservation
(A) Purpose. The Neighborhood Conservation zone has the least activity and a lower density than the other
 zones. Although Neighborhood Conservation is the most purely residential zone, it can have some mix of
 uses, such as civic buildings. Neighborhood Conservation serves to promote and protect neighborhood
 character. For the purposes of Chapter 96: Noise Control, the Neighborhood Conservation district is a
 residential zone.
(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 9 Two (2) family dwellings
 Unit 10 Three (3) and four (4) family dwellings
 Unit Limited business*
 12a
 Unit 24 Home occupations
 Unit 25 Offices, studios, and related services
 Unit 28 Center for collecting recyclable materials
 Unit 36 Wireless communication facilities
 Unit 44 Cluster Housing Development



(C) Density. Ten (10) Units Per Acre.
(D) Bulk and Area Regulations.
 (1) Lot Width Minimum.
 All dwelling types 40 feet



 (2) Lot Area Minimum. 4,000 square feet
(E) Setback Regulations.

 Front A build-to zone that is
 located between the front
 property line and a line 25
 feet from the front property
 line.
 Side 5 feet

 Board of Adjustment
 July 7, 2025
 Item 4
 BOA-2025-0012 (RIVER OAK PARTNERS LLC)
 Page 5 of 11
 Rear 5 feet
 Rear, from center line of 12 feet
 an alley



(F) Building Height Regulations.
 Building Height Maximum 3 stories




 Board of Adjustment
 July 7, 2025
 Item 4
 BOA-2025-0012 (RIVER OAK PARTNERS LLC)
 Page 6 of 11
June 13, 2025



Fayettevitte Board of Ad,ustments - Commission Chair
1 13 West Mountain Street, Room 219

Fayettevitte, AR 72701



RE: Towne West Subdivision Phase Vl - Lot 56 - 463 S Benchmark Lane



Dear Commission Chair,

We are requesting a variance to the building setback on the south side of the [ot. Duringworkin
the utility easement, along the west tot line, the boundary pins were removed by a 3'd party utitity
contractor. As a resutt, when the 2,700 sf home was taid out, it caused the footing to be 2.4"
within the buitding set back. The encroachment was not reatized untiI after the home had been
futty erected, and atmost complete.

Tha nk you for your time and consideration.



Thank yo




 sen Harris
Member
River Oaks Partners, LLC




 Board of Adjustment
 July 7, 2025
 Item 4
 BOA-2025-0012 (RIVER OAK PARTNERS LLC)
 Page 7 of 11
Building Review Approval
 Andrew Harrison
 aharrison@fayetteville-ar.gov
 10/15/2024
 City of Fayetteville
 Building Safety Divsion




 Approved for Planning Code
 Compliance
 Andrew Harrison
 aharrison@fayetteville-ar.gov
 479-718-7625
 10/15/2024 2:43:52 PM
 60.00'

Roof overhang on south r 8s.L
property line must be one
hour rated per Table
 i
 r t0ut
 ..,]

302.1(1) of the 2021 IRC
 \r, L ---l
 i.t N
 I


 I




 5 46-OOVEPFPAMT


 E t
 tr E
 c POOF O,H
 &
 s 6
 i
 I


 F
 I
 _)

 UE, a
 3500 6t €- \rI
 6. c1fic. DPwE
 a oi
 (5 a
 60 00 E

 , WALK
 dPETN

 SPACE a
 4 t8-t 3l-6',
 o t-o 6ET FIIIAL PUI FOP
 =
 S SENCHMAPK L]'I PtAt{rutc DETA|LS)


 Reviewed by Dave Rowden


 Toone cAett,Oot 5A
 Engineering Division
 drowden@fayetteville-ar.gov
 479-587-7145




 Geoffrey MacDonald
 Lot 56, S Benchmark LN
 Date 1011112024 3.30.57 PM
 ffr'.rsirger 1s Cuslont Plutts Footage Tabulation
 Site Plan
 1FFICE: 479-431-4183 FAX; 479-431'6210
 Board of Adjustment
 , WWW.KCPH.NEI Scale 1" = 20' 0 July 7, 2025
 Item 4
 BOA-2025-0012 (RIVER OAK PARTNERS LLC)
 Page 8 of 11
 N
BOA-2025-0012 463 S. BENCHMARK LN
 One Mile View

 D
 0 0.13 0.25 R
 LE0.5 Miles
 P



 BROYLES AVE
 R UP



 R UPPLE R
 D
 RSF-4
R-A
 TOFINO D
 R
 TOFINO D R
 CS




 Subject Property



 RUPPLE RD
 NC




 RUPPLE R D
 RSF-1
 RSF-18




 RUPPLE R D
 P-1




 RE T R L

 RUPPLE RD
 MO
 NS
 DI
 RPZD

 RSF-8




 Regional Link

 Neighborhood Link

 Unclassified

 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 July 7, 2025
 Item 4
 BOA-2025-0012 (RIVER OAK PARTNERS LLC)
 Page 9 of 11
 BOA-2025-0012 463 S. BENCHMARK LN
 Close Up View




 ODSELL LN HAVANA AVE


 BE N CH
 GO


 K LN
 MAR

 BUCKA
 Subject Property
 ROO ST




 RUPPLE RD
 CS
 NC




 WAGON WHEEL AVE
 RATTLESNAKE


 LN CACTUS PL

 RUPPLE RD




GOODSELL LN
 ALLEY 4775

 RSF-18

 BRONCO DR
 CALI
 AVE
 CO
 N
 Regional Link

 Residential Link

 Planned Residential Link
 Feet
 Planning Area
 Fayetteville City Limits 0 75 150 300 450 600
 Shared-Use Paved Trail 1:2,400 Board of Adjustment
 July 7, 2025
 Item 4
 BOA-2025-0012 (RIVER OAK PARTNERS LLC)
 Page 10 of 11
 N
BOA-2025-0012 463 S. BENCHMARK LN
 Current Land Use




 Single-Family Residential




 Subject Property




 Undeveloped
 Agricultural




 RUPPLE RD




 R U PP L E R D

 Single-Family Residential


 BRONCO DR

 DABO
 UN 004
 RO 1 UT

 LE
 PP
 RU RD


 Regional Link

 Alley

 Residential Link
 Feet
 Planned Residential Link
 0 112.5 225 450 675 900
 Planning Area
 Fayetteville City Limits 1:3,600 Board of Adjustment
 July 7, 2025
 Item 4
 BOA-2025-0012 (RIVER OAK PARTNERS LLC)
 Page 11 of 11
TO: Board of Adjustment

FROM: Jessie Masters, Planning Director

MEETING DATE: July 7, 2025

SUBJECT: BOA-2025-0013: Board of Adjustment (426 E. LAFAYETTE ST/FULL
 CIRCLE HOLDINGS, LLC, 485): Submitted by FRAN FREE for property
 located at 426 E. LAFAYETTE STREET. The property is zoned RSF-4,
 RESIDENTIAL SINGLE-FAMILY, 4 UNITS PER ACRE and contains
 approximately 0.16 acres. The request is for a variance from setback
 requirements.

RECOMMENDATION:
Staff recommends approval of BOA-2025-0013.

RECOMMENDED MOTION:
“I move to approve BOA-2025-0013.”

BACKGROUND:
The subject property is located at the northwest corner of E. Lafayette Street and N. Olive Avenue.
The parcel is zoned RSF-4, Residential Single-Family, 4 Units per Acre, is approximately 0.16
acres, contains a single-family home that County records indicate was constructed in 1936. There
are neither any overlay districts that encumber the site nor notable natural features on the site,
though it is located just outside of the Washington Willow Historic District. Surrounding land uses
and zoning are depicted in Table 1.

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

DISCUSSION:
Request: The applicant is requesting a variance to the front setback requirement associated with
the RSF-4 zoning district to reconstruct and enlarge two existing exterior staircases. The overall
structure is currently non-conforming and encroaches extensively into the front setback along N.
Olive Avenue. Per the requirements in 164.12, a non-conforming structure cannot be expanded
upon in any way without requiring a variance from the Board of Adjustments. The requested
variance is depicted below in Table 2.

 Table 2:
 Variance Request
 Variance Issue Requirement Proposal Variance
 Front setback 15 feet 0.5 feet 14.5 feet

 Board of Adjustment
 July 7, 2025
 Item 5
 BOA-2025-0013 (FULL CIRCLE HOLDINGS LLC)
 Page 1 of 15
Public Comment: Staff has received public comment in support of the request.

RECOMMENDATION: Staff recommends approval of BOA-2025-0013. 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. 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: July 7, 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
 existing stairs serve as major sources of ingress and egress to the structure
 and are not built to current requirements for tread depth and height. The
 structure under consideration with this request was constructed in 1936,
 long before the creation of the current zoning regulations governing the site.
 Under 164.12, the applicant has the right to continue to maintain that existing
 non-conforming structure, and the right to reconstruct up to 50% of the non-
 conforming structure, provided it is not increased in volume, area, or
 footprint; while minimal, the granting of this variance will expand the
 encroachment into the existing setback by an additional 43 square feet
 between the two staircases. The applicant has few other reasonable
 alternatives: rezoning the property to allow an encroachment may not be

 Board of Adjustment
 July 7, 2025
 Item 5
 BOA-2025-0013 (FULL CIRCLE HOLDINGS LLC)
 Page 2 of 15
 compatible with surrounding land uses or future City goals; leaving the
 stairs as is or rebuilding in the exact same way would create a potential
 hazard for occupants of the structure and would not meet building codes;
 and removing the staircases would require extensive interior remodeling
 that would not likely be proportional to the issue at hand.

 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 creates safer staircases while
 respecting the original architecture of the residence, and they are not
 substantially expanding the overall structure (i.e. adding interior space, a
 porch, or other covered structure) that may run counter to the intent of the
 RSF-4 district.

 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 safe and effective use of their property. They are not
 intending to expand the footprint of the structure beyond the installation of
 two new staircases that meet existing building codes.

 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 161.07 District RSF-4, Residential Single-Family - Four (4) Units Per Acre
  • Request Letter
  • Conceptual Site Plan
  • Public Comment
  • One Mile Map
  • Close-Up Map
  • Current Land Use Map


 Board of Adjustment
 July 7, 2025
 Item 5
 BOA-2025-0013 (FULL CIRCLE HOLDINGS LLC)
 Page 3 of 15
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

(F) Building Height Regulations.


 Board of Adjustment
 July 7, 2025
 Item 5
 BOA-2025-0013 (FULL CIRCLE HOLDINGS LLC)
 Page 4 of 15
  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
 July 7, 2025
 Item 5
 BOA-2025-0013 (FULL CIRCLE HOLDINGS LLC)
 Page 5 of 15
Dennis Nelms & Fran Free
PO Box 4100
Fayetteville, AR 72702

June 16th, 2025

Ms. Erin Adkins-Oury
Board Chair
Board of Adjustments
City of Fayetteville, Arkansas

Board Chairperson Adkins-Oury,

We purchased this bungalow in September with the intent of making it our future forever
home and are currently rehabilitating it in the vein of its 1936 character. We request a
variance for the building setback to replace out-of-code concrete stairways with safe
egresses. Two entrances, within the same setback, do not meet safety codes. These
entrances are necessary to make reasonable use of this property and are essential to the
functionality of the home:

• The east (kitchen) entrance was originally designed as the main point of egress for the
 homeowners. The concrete stairs were added during a mid-century remodel. There is no
 landing or handrail, and the rise and run are too narrow to allow sure footing (7”X 9”).
 The drop from the bottom of the door threshold is 3’-7”. Any drops above 30” from
 grade require a guardrail. The variance would allow proper fall protection to be
 installed for the exit to meet code requirements. We would like to replace these stairs
 with a wooden porch and stairs oriented towards the parking area so as not to
 horizontally protrude into the setback any further than they already are (see rendition).
 Variance request is to protrude into side setback no further east than the existing, non-
 code compliant stairs already protrude at the door leading from the kitchen.

• The north (bedroom) entrance was also added during a mid-century remodel. Originally
 a row of three sash windows, one window was removed and replaced by a door and
 concrete stairs. We seek a variance to replace the concrete stairs, which are not
 currently to code, with a platform, wider steps, and fall protection, oriented away from
 the setback, to address safety and privacy concerns. By making this egress private to this
 bedroom, the home still has the east kitchen entrance and the south front porch
 entrance (see rendition). Variance request to protrude into side setback at the
 northeast bedroom door that is currently not code compliant for the egress required in
 residential bedrooms.

 Board of Adjustment
 July 7, 2025
 Item 5
 BOA-2025-0013 (FULL CIRCLE HOLDINGS LLC)
 Page 6 of 15
 This house was built by Mr. & Mrs. E.J. Mathis in 1936, the same year the very first Planning
 Commission was established. This home was here before any land use codes were adopted
 and, subsequently, does not meet all RSF-4 zoning requirements. As new owners of this
 home, we are concerned with safely entering and exiting the home.




 Figure 1. East (kitchen) entrance




 Figure 2. North (bedroom) entrance
 Board of Adjustment
2 July 7, 2025
 Item 5
 BOA-2025-0013 (FULL CIRCLE HOLDINGS LLC)
 Page 7 of 15
 Figure 3. Current out of code stairs at East (kitchen) entrance


 In contemplating stair options, we have landed on the least obtrusive: orient the steps
 towards the parking area so as not to horizontally protrude into the setback any further
 than they already are and add fall protection to both stairways.




 Figure 4. Rendition of both porches




 Board of Adjustment
3 July 7, 2025
 Item 5
 BOA-2025-0013 (FULL CIRCLE HOLDINGS LLC)
 Page 8 of 15
 The building size is 2,010 ft2 with an open porch of 200 ft2 and a basement of 1,170 ft2.
 These numbers are both existing and proposed. The current square footage for the kitchen
 stairway is 15 ft2, proposed is 46 ft2. The current square footage for the northeast bedroom
 stairway is 26 ft2, proposed is 53 ft2.The number of off-street parking spaces to be provided
 are two.

 We did consider alternatives to this variance request, such as:

 • Leave as-is. We feel that these steps create an immediate fall danger. If both sets of
 stairs remained as-is, we would be in violation of several residential fire codes,1
 including: R311.3,2 R311.7.5.2,3 R311.7.64 and R312.1.1.5
 • Seek rezoning of the property. This house would be in code if it existed in a
 different residential zone, but we feel RSF-4 is the most appropriate zoning for this
 neighborhood; we agree with the current master plan and do not wish to seek
 rezoning. Not only would that create a zoning island but may also set an example
 that other neighbors may follow.
 • Remove both egress points. If both points were to be removed, anyone living in the
 home must park in the off-street parking area then walk around the house to the
 front porch. This would necessitate an undue expense in establishing a new walkway
 (which would be in the setback) the entire length of the home, removal of newly
 purchased and installed doors and windows, covering up the voids left by those
 removals to be replaced with materials that may not be cohesive with the historic
 time period. We searched for historic brick to match the house but were not able to
 find it. A new emergency escape point would have to be established for the
 bedroom to meet code R310.1.6
 • Replace both stairs with one continuous porch that connects both doors. One
 porch could be designed to connect both doors with one set of stairs at the
 northeast corner. This would create a more direct connection with the parking area


1
  2021 Arkansas Fire Prevention Code, Volume III - Residential
2
  R311.3 - There shall be a landing or floor on each side of each exterior door. Landings shall have a dimension of
not less than 36 inches measured in the direction of travel.
3
  R311.7.5.2 - Tread depth shall be not less than 10 inches.
4
  R311.7.6 - There shall be a floor or landing at the top and bottom of each stairway. The width perpendicular to the
direction of travel shall be not less than the width of the flight served. For landings of shapes other than square or
rectangular, the depth at the walk line and the total area shall be not less than that of a quarter circle with a radius
equal to the required landing width. Where the stairway has a straight run, the depth in the direction of travel shall
be not less than 36 inches (914 mm).
5
  R312.1.1 - Guards shall be provided for those portions of opensided walking surfaces, including floors, stairs,
ramps and landings that are located more than 30 inches measured vertically to the floor or grade below at any point
within 36 inches horizontally to the edge of the open side.
6
  R310.1 - Every sleeping room shall have not less than one
operable emergency escape and rescue opening.

 Board of Adjustment
4 July 7, 2025
 Item 5
 BOA-2025-0013 (FULL CIRCLE HOLDINGS LLC)
 Page 9 of 15
 Board of Adjustment
 July 7, 2025
 Item 5
BOA-2025-0013 (FULL CIRCLE HOLDINGS LLC)
 Page 10 of 15
 CODE REQUIRMENTS: 5'-0"




 NOTES:
 2021 Arkansas Fire Prevention Code, Volume III - Residential VERIFY ALL DIMENSIONS IN FIELD. DIMENSIONS
 BASED ON OWNER MEASUREMENTS AND OWNER
 R310.1 - Every sleeping room shall have not less than one PROVIDED SURVEY.
 operable emergency escape and rescue opening.

 R311.3 - There shall be a landing or floor on each side of each
 exterior door. Landings shall have a dimension of not less than
 36 inches measured in the direction of travel.

 R311.7.5.2 - Tread depth shall be not less than 10 inches.

 R311.7.6 - There shall be a floor or landing at the top and bottom NELMS OLIVE
 of each stairway. The width perpendicular to the direction of 426 AR-45, Fayetteville, AR
 travel shall be not less than the width of the flight served. For 72701
 landings of shapes other than square or rectangular, the depth at EXISTING NON-CODE COMPLIANT
 CONCRETE STAIRS TO BE REMOVED.
 LANDING REQUIRED ON EACH SIDE OF NEW EGRESS PERIMETER
 EXTERIOR DOOR. DISTANCE FROM
 the walk line and the total area shall be not less than that of a PROPERTY LINE.



 quarter circle with a radius equal to the required landing width. 12'-3 1/2"

 Where the stairway has a straight run, the depth in the direction
 EXISTING BASEMENT ACCESS STAIR
 of travel shall be not less than 36 inches (914 mm). UP NEW EGRESS PERIMETER




 R312.1.1 - Guards shall be provided for those portions of open-
 sided walking surfaces, including floors, stairs, ramps and
 CENTER WINDOW REPLACEMENT
 2397 N. GREEN ACRES RD.
 landings that are located more than 30 inches measured CASEMENT TO MEET
 BEDROOM EGRESS REQUIREMENTS FAYETTEVILLE, ARKANSAS 72703
 479-443-7121
 vertically to the floor or grade below at any point within 36 inches WWW.MBL-ARCH.COM
 horizontally to the edge of the open side.
 5 1/2"

 NEW EGRESS PERIMETER
 DISTANCE FROM
 PROPERTY LINE.
 0'-6"
 EXISTING STONE STEP
 TO BE REMOVED
 CENTER WINDOW REPLACEMENT
 CASEMENT TO MEET
 BEDROOM EGRESS REQUIREMENTS 8 1/2"




 EXISTING NON-CODE COMPLIANT
 CONCRETE STAIRS TO BE REMOVED.
 MINIMUM TREAD DEPTH IS 10"




 REVISION ISSUED FOR DATE




 VARIANCE REQUEST:

 Variance Request to protrude into setback no further east
 than the existing, non-code compliant stairs already
 protrude at the door leading from the kitchen. N OLIVE AVE.
 EXISTING
 FRONT STAIR
 UP




 Variance Request to protrude into side setback at the
 northeast bedroom door that is currently not code
 compliant for the egress required in residential
 5'-0" 15'-0"
 CITY SETBACK
 bedrooms. New Egress Perimeter protrudes no further SEAL & SIGNATURE
 into setback than existing building footprint.

 Exisiting coditions that are not safe for use are shown in
 red (to be removed) and be replaced by safe, code
 15'-0"
 compliant stair treads, risers, guardrails and landings.

 PROPERTY LINE




 PROJECT STATUS
 Board of Adjustment
 BOARD ADJUSTMENT
 VARIANCE
 ISSUE DATE

 06/13/2025
 July 7, 2025
 PROJECT NUMBER
 E LAFAYETTE ST.
 250002

 SHEET DESCRIPTION

 ARCHITECTURAL SITE PLAN
 Item 5


 SITE PLAN
 AS01
 SCALE: 1/8" = 1'-0" 1 SHEET 9 IN 43
 THESE DRAWINGS AND SPECIFICATIONS ARE THE EXCLUSIVE PROPERTY OF
 MILLER BOSKUS LACK ARCHITECTS, P.A. USE OR REPRODUCTION IS
 P:\2025 Practice\250002 426 E Lafayette Street\250002 Models\2025.03.06 Nelms Olive KT.pln; Thursday, June 12, 2025




 PROHIBITED WITHOUT WRITTEN CONSENT.©
BOA-2025-0013 (FULL CIRCLE HOLDINGS LLC)



 Page 11 of 15
BOA-2025-0013
Public Comment

From: Katie Mihalevich <kmihale@me.com>
Sent: Thursday, June 26, 2025 10:32 AM
To: Planning Shared <planning@fayetteville-ar.gov>
Cc: Mihalevich, Matthew <mmihalevich@fayetteville-ar.gov>
Subject: Neighbor Supports BOA Variance at 426 E. Lafayette

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.

Dear Planning Office,
We received a letter about our neighbors’ variance request at 426 E. Lafayette. Please put me
on record as being fully supportive of the Nelms/Free’s variance request. I believe they are at a
unique hardship with the current setbacks and deserve to have safe ingress/egress to the
home. I do not believe this variance will pose a problem for pedestrians or the character of our
unique neighborhood. Further, I trust that the neighbors at 426 E. Lafayette are working with
the highest quality designers and builders who will create a built environment that the
neighborhood will be proud of.

Respectfully,
Katie Mihalevich
420 E. Lafayette St.



Katie Mihalevich,
Executive Broker, REALTOR, CLHMS
Flyer Homes Real Estate
For immediate assistance: 479-422-7448




 Board of Adjustment
 July 7, 2025
 Item 5
 BOA-2025-0013 (FULL CIRCLE HOLDINGS LLC)
 Page 12 of 15
 N
BOA-2025-0013 426 E. LAFAYETTE ST
 One Mile View

 NORTH ST
 0 0.13 0.25 0.5 Miles




 COLLEG
 E AV
 E



 UT


 Subject Property RSF-4




 M ISSION BLVD
 CS


 NC I-1
 DG RPZD
 RMF-6
 LAFAYETTE ST


 MSC



 DICKSON ST
 R-O




 P-1

 DC




 RMF-24

 ROCK MILL
 ST AVE

 Neighborhood Link

 Regional Link - High Activity

 Urban Center

 Unclassified

 Alley

 Residential Link

 Shared-Use Paved Trail

 Trail (Proposed)

 Design Overlay District
 Fayetteville City Limits Planning Area
 Planning Area
 Board of Adjustment
 Fayetteville City Limits July 7, 2025
 Item 5
 BOA-2025-0013 (FULL CIRCLE HOLDINGS LLC)
 Page 13 of 15
 BOA-2025-0013 426 E. LAFAYETTE ST
 Close Up View




 N BLVD
 NS-G
 MISSIO
 ALLEY
 456
 MAPLE ST

 I-1


 Subject Property RMF-24



 WALNUT AVE



 OLIVE AVE
 RMF-6


 LAFAYETTE ST LAFAYETTE ST

P-1

 RPZD




 FLETCHER AVE
 RSF-4 CRESCENT DR
 SUTTON ST




 RSF-8
 N
 Neighborhood Link

 Alley

 Residential Link

 Hillside-Hilltop Overlay District Feet
 Planning Area
 0 75 150 300 450 600
 Fayetteville City Limits
 Trail (Proposed) 1:2,400 Board of Adjustment
 July 7, 2025
 Item 5
 BOA-2025-0013 (FULL CIRCLE HOLDINGS LLC)
 Page 14 of 15
 N
BOA-2025-0013 426 E. LAFAYETTE ST
 Current Land Use




 Single-Family Residential
 BLVD


 MISSION

 MAPLE ST


 Subject Property




 WILLOW AVE

 OLIVE AVE
 Single-Family Residential
 Mixed Residential
 LAFAYETTE ST




 FLETCHER AVE
 Single-Family Residential




 DICKSON ST




  Neighborhood Link

  Urban Center

  Alley

  Residential Link Feet
  Trail (Proposed)
 0 112.5 225 450 675 900
  Planning Area
  Fayetteville City Limits
 1:3,600 Board of Adjustment
 July 7, 2025
 Item 5
 BOA-2025-0013 (FULL CIRCLE HOLDINGS LLC)
 Page 15 of 15