Board Of Adjustments — Fayetteville, AR
Date: 2025-06-02
Time: 15:45

113 W. Mountain St.
 Fayetteville, AR 72701



 Board of Adjustment Agenda
 Monday, June 2, 2025
 3:45 PM
 City Hall Room 219


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

 City Staff
 Senior Planner - Gretchen Harrison
Development Review Manager - Jessie Masters
  Hannah Hungate - Assistant City Attorney
Board of Adjustment Meeting Agenda June 2, 2025




Zoom Information

 Webinar ID: 846 5060 6067
 Registration Link: https://fayetteville-
 ar.zoom.us/webinar/register/WN_s8Q_HIRPTHiJr6qSi5eLmw

Call to Order
Roll Call

 Approval of the April 7, 2025 Board of Adjustment Meeting Minutes.

Unfinished Business

New Business

 1. BOA-2025-0009: Board of Adjustment (615 N. WALNUT AVE/MCCABE,
 446):
 Submitted by MARGARET SOVA MCCABE for property located at 615 N.
 WALNUT AVE. The property is zoned RSF-4, RESIDENTIAL SINGLE
 FAMILY, FOUR UNITS PER ACRE and contains approximately 0.22 acres.
 The request is for a variance to setback requirements.
 Planner: Wesley Frank

 2. BOA-2025-0010: Board of Adjustment (936 N. WILLIS AVE/SOUTH CS
 APARTMENTS LLC, 444):
 Submitted by JORGENSEN & ASSOCIATES for property located at 936 N.
 WILLIS AVE. The property is zoned RMF-40, RESIDENTIAL MULTI-FAMILY,
 40 UNITS PER ACRE and contains approximately 8.12 acres. The request is
 for a variance to lot width requirements.
 Planner: Wesley Frank

 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.
 Planner: Gretchen Harrison



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



Announcements

Adjourn


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, June 2, 2025
 3:45 PM
 City Hall Room 219


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

 City Staff
 Senior Planner - Gretchen Harrison
Development Review Manager - Jessie Masters
  Hannah Hungate - Assistant City Attorney
Board of Adjustment Meeting Agenda June 2, 2025




Zoom Information

 Webinar ID: 846 5060 6067
 Registration Link: https://fayetteville-
 ar.zoom.us/webinar/register/WN_s8Q_HIRPTHiJr6qSi5eLmw

Call to Order
Roll Call

 Approval of the April 7, 2025 Board of Adjustment Meeting Minutes.

Unfinished Business

New Business

 1. BOA-2025-0009: Board of Adjustment (615 N. WALNUT AVE/MCCABE,
 446):
 Submitted by MARGARET SOVA MCCABE for property located at 615 N.
 WALNUT AVE. The property is zoned RSF-4, RESIDENTIAL SINGLE
 FAMILY, FOUR UNITS PER ACRE and contains approximately 0.22 acres.
 The request is for a variance to setback requirements.
 Planner: Wesley Frank

 2. BOA-2025-0010: Board of Adjustment (936 N. WILLIS AVE/SOUTH CS
 APARTMENTS LLC, 444):
 Submitted by JORGENSEN & ASSOCIATES for property located at 936 N.
 WILLIS AVE. The property is zoned RMF-40, RESIDENTIAL MULTI-FAMILY,
 40 UNITS PER ACRE and contains approximately 8.12 acres. The request is
 for a variance to lot width requirements.
 Planner: Wesley Frank

 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.
 Planner: Gretchen Harrison



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



Announcements

Adjourn


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, April 7, 2025
 Time: In: 3:45 PM Out: 5:16 PM
 Staff :
 □x Jessie Masters, Development Review Manager
 □x Gretchen Harrison, Senior Planner
 □x Donna Wonsower, Planner
 □ Wesley Frank, Planner
 □ Blake Pennington, Sr Assistant City Attorney
 □x Hannah Hungate, Assistant City Attorney
 Roll Call 1) Chair & Vice 2) Meeting Minutes 3) BOA-2025-0002 4) BOA-2025-0006 5) BOA-2025-0007
 Chair Vote 3-3-2025 (GLENWOOD (THE GODDARD (PINO &
 PARK) SCHOOL) ROSENGARDEN)



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

Agenda Consent Old New New
Motion To: Approve Approve Approve Approve
Motion By: Adkins-Oury Fox Fox Fox
Seconded: Keys Adkins-Oury Keys Young
Vote 4-0-0 4-0-0 0-4-0 4-0-0
 Adkins-Oury:
 Chair
Notes Jason Young:
 Vice Chair
Public Comment: 0 0 0 0




 Board of Adjustment
 June 2, 2025
 MINUTES (April 7, 2025)
 Page 1 of 1
TO: Board of Adjustment

THRU: Jessie Masters, Development Review Manager

FROM: Wesley Frank, Planner

MEETING DATE: June 2, 2025

SUBJECT: BOA-2025-0009: Board of Adjustment (615 N. WALNUT
 AVE./MCCABE, 446): Submitted by MARGARET SOVA MCCABE for
 property located at 615 N. WALNUT AVE. The property is zoned RSF-4,
 RESIDENTIAL SINGLE FAMILY, FOUR UNITS PER ACRE and contains
 approximately 0.22 acres. The request is for a variance to setback
 requirements.

RECOMMENDATION:
Staff recommends approval of BOA-2025-0009.

RECOMMENDED MOTION:
“I move to approve BOA-2025-0009.”

BACKGROUND:
The subject property is in central Fayetteville, ¼ mile east of South College Avenue. The property
contains one single-family dwelling unit that County records indicate was developed in 1936;
additionally, the property has a developed accessory structure. 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 RSF-4, Residential Single-Family, 4 Units per Acre
 South Single-Family RSF-4, Residential Single-Family, 4 Units per Acre
 East Single-Family RSF-4, Residential Single-Family, 4 Units per Acre
 West Single-Family RSF-4, Residential Single-Family, 4 Units per Acre

DISCUSSION:
Request: The applicant has submitted a residential building permit to convert an existing, non-
conforming structure on the property into an accessory dwelling unit (RESI-2025-0220). The
structure is currently encroaching into the side setback and, as outlined in UDC § 164.12(A)(11),
the applicant seeks to bring this structure into compliance by seeking approval from the Board of
Adjustment prior to completing the renovation. Further expansion of the structure’s footprint will
also occur outside of the setback encroachment.




 Board of Adjustment
 June 2, 2025
 Item 1
 BOA-2025-0009 (MCCABE)
 Page 1 of 18
 Table 2:
 Variance Request
 Variance Issue Requirement Proposal Variance
 3’ and 2”
 Side setback 5’ setback 1’ and 10” setback
 encroachment

Public Comment: Staff has received two comments in support of of the variance request.

RECOMMENDATION: Staff recommends approval of BOA-2025-0009. 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: June 2, 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 not meet the criteria for undue hardship.
 The accessory structure was built approximately in 1980, according to
 satellite images. The RSF-4 zoning district that the property is now had its
 side setback requirements to 5 feet (ORD 5224), which rendered the
 accessory structure legal nonconforming.

 The property owner could come into compliance by developing a 450 sq. ft
 ADU or relocating the existing structure in another location on the property
 that meets setback requirements as nothing appears to prevent compliance.
 A City sewer line does cross through the rear of the property; however, there

 Board of Adjustment
 June 2, 2025
 Item 1
 BOA-2025-0009 (MCCABE)
 Page 2 of 18
 appears to be enough space to still build an ADU that meets zoning
 requirements. Accessory dwelling units are not required to be built on a
 property.

 With that, staff does recognize the effort by the applicant who is attempting
 to utilize an existing structure while acknowledging setback requirements by
 having the addition built in such a way that does not worsen the current
 situation. While arguably granting the variance may result in an accessory
 dwelling unit that could be used by the applicant, staff does not find any
 hardship to justify the variance to the requirement.

 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 RSF-4 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 both safety, uniformity with nearby dwellings, and privacy.

 There exists sufficient safety access to the structure as there is nothing
 hindering that access to the structure from any other point. The principle
 dwelling also blocks the view of the nonconforming accessory structure
 from the street preserving that uniformity. Staff finds that approval of this
 variance would allow the applicant to redevelop the nonconforming
 structure into an accessory dwelling unit on the 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 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
 June 2, 2025
 Item 1
 BOA-2025-0009 (MCCABE)
 Page 3 of 18
ATTACHMENTS:
  • Unified Development Code
 o §161.07, District RSF-4, Residential Single-Family - Four (4) Units Per Acre
  • Request Letter
  • Site Plan
 o On site pictures
  • Public Comment
  • One Mile Map
  • Close-Up Map
  • Current Land Use Map




 Board of Adjustment
 June 2, 2025
 Item 1
 BOA-2025-0009 (MCCABE)
 Page 4 of 18
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 Limited business
 12a
 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 70 feet 80 feet
 width
 Lot area 8,000 square 12,000 square
 minimum feet feet
 Land area per 8,000 square 6,000 square
 dwelling unit feet feet
 Hillside Overlay 60 feet 70 feet
 District Lot
 minimum width



 Board of Adjustment
 June 2, 2025
 Item 1
 BOA-2025-0009 (MCCABE)
 Page 5 of 18
 Hillside Overlay 8,000 square 12,000 square
 District Lot feet feet
 area minimum
 Land area per 8,000 square 6,000 square
 dwelling unit feet feet



(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.
(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
 June 2, 2025
 Item 1
 BOA-2025-0009 (MCCABE)
 Page 6 of 18
 Board of Adjustment
 June 2, 2025
 Item 1
BOA-2025-0009 (MCCABE)
 Page 7 of 18
April 20, 2025

City of Fayetteville, via CSS Online Portal
ATTN: Board of Adjustment

Re: Request for Setback Variance, 615 N. Walnut Avenue and 615 B N. Walnut

Dear Chair Adkins-Ouray:

 This request for a zoning ordinance variance is submitted under City of Fayetteville Code
(Code) 156.02(B). More specifically, I am requesting a variance from Code 161.07(E), relative to
the five-foot side setback. I have attached in PDF a description of the property, a survey of the
property, and the list of abutters who will receive notice of this application.

 I offer the following additional information in support of my request:

 The property is 615 North Walnut Avenue1, an approximately 9,689 square foot lot zoned
RSF-4 with a home and “studio” building (a 10 x 30 structure with a large room and attached
storage room) currently located on it. I am proposing to convert the existing 300-foot studio,
which is currently located within the side lot setback, to a 450-square foot accessory dwelling
unit (ADU) consistent with Code 164.19. The 450-square foot plan does not require parking,
though the driveway can currently accommodate several cars. The additional square footage will
be added towards the interior of the lot, not along the side lot line to not expand the existing non-
conformity. Below addresses each of the four criteria noted in the online variance application:

That special conditions and circumstances exist which are peculiar to the land, structure, or building
involved and which are not applicable to other lands structures, or buildings in the same district.2
• The special conditions and circumstances include that the studio is well-established on the
 lot. Demolishing the current structure to create a new ADU that complies with the setback
 would alter the property’s current character and configuration, which are best maintained
 by using the existing location of the 300-square foot studio – the interior of which will be
 renovated, allowing the exterior location and design to remain.

• If other district properties have similar existing structures and the owner wished to convert
 them to an ADU I believe the intent of Code 164.19 would likely support granting similar
 variances. Granting of variances like this one avoid disrupting the current visual appeal of
 the neighborhood while increasing the housing stock and allowing more efficient use of
 existing City infrastructure.



1
  The City has also issued the address 615B N. Walnut Avenue in response to the building permit request for the
studio.
2
 This information is also meant to be responsive to the Code 156.02(A) “strict enforcement of the zoning
ordinance would cause undue hardship due to circumstances unique to the individual property under
consideration.”


 Board of Adjustment
 1 June 2, 2025
 Item 1
 BOA-2025-0009 (MCCABE)
 Page 8 of 18
• Demolishing the existing structure rather than renovating it would substantially disrupt the
 property’s use and character by requiring significant site work on the property and
 reconfiguration beyond what is reasonable for the addition of the proposed 150 square feet
 that does not extend the non-conforming setback beyond the studio’s current footprint.

• Of the two portions of the studio, the main room is 2.2 feet from the property line and the
 storage room for the studio is 3.2 feet from the property line. This illustrates a limited
 setback, but a setback, nonetheless. The new 150-square feet would not alter this
 configuration.

That literal interpretation of the provisions of this ordinance would deprive the applicant of rights
commonly enjoyed by other properties in the same district under the terms of this ordinance.
• The other properties in this district appear to have a mix of setbacks for outbuildings. If this were
 a completely new structure, then compliance would not be an issue. However, here literal
 application would create both economic waste (demolition of a salvageable structure rather than
 rehabilitation of it) and environmental disruption (movement of a foundation that has been in
 existence for quite some time). Similarly, it would frustrate the purpose of Code 164.19 for the
 reasons noted above.
That the special conditions and circumstances do not result from the actions of the applicant.
• As city property records illustrate, the studio has been in its current location for quite some time
 (at least 21 years, the earliest visual public records). I purchased the property with the studio in
 its current location and with the intent of adding 150-feet towards the interior of the lot rather
 than requesting that we extent the non-conforming structure further along the side lot line. My
 realtor inquired with the City and we were advised a variance might be necessary, but that it
 depended on the ADU plan (which has been presented for permitting and is pending this request).
That granting the variance requested will not confer on the applicant any special privilege that is
denied by this ordinance to other lands, structures, or buildings in the same district.
• There is no special privilege granted to the applicant by this variance. As an older neighborhood,
 it appears that there are likely similar structures or setbacks that were established long ago.
 Additionally, with Fayetteville’s emphasis on using our current property resources to facilitate
 new living space in older neighborhoods this request is consistent with the city’s goals for
 affordable property enhancement that increases housing stock within current infrastructure (it
 minimizes disruption to the neighborhood’s character, while adding new features that are largely
 conforming).


 Additionally, the following information and submitted documents demonstrate that the
granting of the variance will be in keeping with the spirit and intent of the zoning ordinance
because3:

• It allows for a multi-generational property consistent with Code 164.19. In my
 circumstances, the ADU is being built for my adult son who is neurodiverse. He works in
 Fayetteville and strives for independence, which this property configuration will offer.

3
 This information is intended to be responsive to Code 156.02(B).

 Board of Adjustment
 2 June 2, 2025
 Item 1
 BOA-2025-0009 (MCCABE)
 Page 9 of 18
 Additionally, his presence on the property offers me flexibility because he will ensure the
 property is secure and maintained when I am away.

• It allows for a minimum disruption to the current configuration of the property, retaining
 the traditional sightlines from the street, structure elevation, and character of the
 neighborhood as well as the property’s place in that neighborhood.

• It avoids owner financial hardship and extensive disruption to the property that would be
 compelled by demolishing and relocating the ADU within the setbacks.

 As shown on the attached recent survey, the property is conforming in all other respects
and the conversion of the studio to an ADU will likewise be conforming, except for the current
structure’s location.

 Notice to abutters and signage will be comply with City Code. If additional information is
needed by the Board, I will provide it as requested. I look forward to the next steps in the
process and hope that this request can be heard on June 2, 2025.

Sincerely,


Margaret Sova McCabe




 Board of Adjustment
 3 June 2, 2025
 Item 1
 BOA-2025-0009 (MCCABE)
 Page 10 of 18
 Notice to Abutters
 Request for Variance from RSF-4 Side Set Back
 Related to Conversion of Studio to ADU for Multi-Generational Property

You are receiving this notice because the City of Fayetteville identifies you as an owner/occupant of
property within 200 feet of 615 North Walnut Avenue. This notice provides a description and details of
the request. Please feel free to contact me at msm261@gmail.com or 603-630-7969 should you have
any questions. The place to review the materials on file with the City is noted below.

Project Description. Brief written description of the project or request, project type, and location.

This project proposes to modify a pre-existing 300-square foot “studio” (with electricity and finished
for daily use but not water or sewer) into a 450-square foot accessory dwelling unit (ADU) so that the
property becomes suitable for multi-generational living. The 300-square foot “studio” is
nonconforming because its side set back is ranges from 2.2 to 3.2 feet rather than the required five (5).
The 150-square foot addition will extend to the interior of the property, rather than extending the non-
conforming side further along the lot line.

Use. The proposed use of the property.

Residential, converting 300-square foot studio to 450-foot ADU.

Zoning. Current zoning.

RSF-4.

Size. Acreage of project.

Lot size is approximately 9,689.

Density/Intensity. Include number of residential units and/or square feet of nonresidential use(s), as
applicable.

No change to primary dwelling. ADU is proposed to total 450-square feet after renovation of the
existing 300-square foot studio.

Public Hearing. Time, date, place, and location of public hearing.

3:45 PM June 2, 2025, Room 219, City Hall, Fayetteville

Name. The property owner's and/or the developer's name.
 Margaret Sova McCabe, Trustee
 Margaret Sova McCabe Revocable Trust

Review Location.
City of Fayetteville Planning Division, 479-575-8267, 125 W. Mountain Street, Fayetteville, AR
72701. Monday-Friday 8AM-5PM.

Sincerely,


Margaret Sova McCabe


 Board of Adjustment
 5 June 2, 2025
 Item 1
 BOA-2025-0009 (MCCABE)
 Page 11 of 18
 Board of Adjustment
 June 2, 2025
 Item 1
 BOA-2025-0009 (MCCABE)
 MISCELLANEOUSNOTES N
  STATE RECORDING NUMBER:
  500-16N-30W-0-10-SW-72-1808
 LOT SURVEY Page 12 of 18
  COMPLETED FIELD WORK:
 615 NORTH WALNUT AVE, FAYETTEVILLE, ARKANSAS, 72701
  JANUARY 20, 2025
 WASHINGTON COUNTY
 REFERENCE DOCUMENTS: W E
 1. WARRANTY DEED FILED IN DEED FILE #2015-00035095.
 2. SURVEY PLAT FILED IN PLAT FILE #4-00000089.
 3. SURVEY PLAT FILED IN PLAT FILE #2023-00026452.
  BASIS OF BEARING:
  THE BASIS OF BEARING OF THIS SURVEY IS GRID NORTH, BASED ON
  ARKANSAS STATE PLANE COORDINATE SYSTEM, NORTH ZONE FOUND 5/8" CAPPED REBAR
 193.90'(R)
  NAD83. "PLS 1118 JORG"
 S 87°24'46" E 193.85'(M) FOUND 5/8" CAPPED REBAR
 S
  SOME FEATURES SHOWN ON THIS PLAT MAY BE SHOWN OUT OF "PLS 1118 JORG"
 50.00'(R)

  SCALE FOR CLARITY.
 50.00'(R)
  DIMENSIONS ON THIS PLAT ARE EXPRESSED IN FEET AND DECIMAL
  PARTS THEREOF UNLESS OTHERWISE NOTED. MONUMENTS WERE LOT 19, BLOCK E N/F: ROTH WILL J
  FOUND AT POINTS WHERE INDICATED. MAPLEWOOD ADDITION 615 N WALNUT AVE
 N 02°35'13" E 50.04'(M) N 02°37'00" E 49.92'(M)
 FAYETTEVILLE, AR 72701
  EXCEPT AS SPECIFICALLY STATED OR SHOWN ON THIS PLAT, THIS APN: 765-07901-000 I HEREBY CERTIFY THIS TO BE TRUE AND CORRECT
  SURVEY DOES NOT PURPORT TO REFLECT OF ANY OF THE TOTAL AREA: TO THE BEST OF MY KNOWLEDGE AND BELIEF
  FOLLOWING WHICH MAY BE APPLICABLE TO THE SUBJECT
 9,689 SQ. FT. ± ON THIS THE 5TH DAY OF FEBRUARY, 2025.
  PROPERTY: EASEMENTS, OTHER THAN POSSIBLE EASEMENTS
 R/W
  WHICH WERE VISIBLE AT THE TIME OF SURVEY; RESTRICTIVE FOUND 5/8" CAPPED REBAR 0.222 ACRES ±
 N WALNUT AVE
  COVENANTS; SUBDIVISION RESTRICTIONS OR OTHER LAND USE "PLS 1118 JORG" 193.90'(R)
 S 87°26'53" E 193.82'(M) F AUT
 E O
  REGULATIONS; AND ANY OTHER FACTS WHICH AN ACCURATE TITLE FOUND 5/8" CAPPED REBAR
 HO
 40' PUBLIC RIGHT-OF-WAY
 AT
 50.00'(R)

  SEARCH MAY DISCLOSE. WALL "PLS 1118 JORG"
 OVH IC R
 AT I ON
 BLEW &
 CERT I F
  THE TERM "CERTIFY" OR "CERTIFICATION" AND "CORRECT" AS GRAVEL DRIVE
 C/L
 WALL
 IZ
  NOTED HEREON AND AS IT PERTAINS TO LAND SURVEYING
 ASPHALT ROAD
  SERVICES AS SHOWN ON THIS DOCUMENT SHALL MEAN, "A 2.7' OVH ASSOCIATES, PA
 N 02°28'07" E 50.00'(M)
  STATEMENT SIGNED BY THE PROFESSIONAL LAND SURVEYOR LOT 18, BLOCK E 1-STORY WOOD 1-STORY WOOD N 02°33'07" E 50.00'(M)
 MAPLEWOOD ADDITION AND No. 1534
 PER FILE NO. 2023-00026
  BASED ON THE FACTS AND KNOWLEDGE KNOWN TO THE BUILDING 50.00'(R)
  PROFESSIONAL LAND SURVEYOR AT THE TIME OF THE SURVEY AND CONCRETE
 452
  IS NOT A GUARANTEE OR WARRANTY, EITHER IMPLIED OR BUILDING
 A S
 R
  EXPRESSED." HANDRAIL KANSA
 WALL
 R/W
 AC
 SET 5/8" CAPPED REBAR SIDEWALK
 "WINCHESTER AR 1808" 193.90'(R) G
 SET 5/8" CAPPED REBAR W IF THE SIGNATURE ON THIS SEAL IS NOT AN ORIGINAL AND
 S 87°26'53" E 193.75'(M) NOT BLUE IN COLOR THEN IT SHOULD BE ASSUMED THAT
 "WINCHESTER AR 1808" THIS PLAT MAY HAVE BEEN ALTERED. THE ABOVE
 FOUND 1/2"
LANDAREA FOUND 3/4" IRON PIPE S 87°15'49" E 218.85'(M) CERTIFICATION SHALL NOT APPLY TO ANY COPY THAT
 N 02°29'23" E 54.22'(M)




 REBAR 2.45' FROM CORNER DOES NOT BEAR AN ORIGINAL SEAL AND SIGNATURE.
9,689 ± SQUARE FEET
 LOT 17, BLOCK E FOUND 1/2" REBAR R/W
0.222 ± ACRES
 MAPLEWOOD ADDITION 4.88' FROM
 R/W C/L
UTILITY INFORMATION
 CORNER 4.88'(M)
 4.88'(R)
 N 03°09'48" E 70.04'(M


THE LOCATION OF UTILITIES SHOWN HEREON ARE FROM LEGEND&SYMBOLS
OBSERVED EVIDENCE OF ABOVE GROUND APPURTENANCES
ONLY. THE SURVEYOR WAS NOT PROVIDED WITH FOUND MONUMENT AS NOTED
UNDERGROUND PLANS OR SURFACE GROUND MARKINGS TO
 )



 SET MONUMENT AS NOTED
DETERMINE THE LOCATION OF ANY SUBTERRANEAN USES.
 COMPUTED POINT
 Are there permit
 AC AIR CONDITIONER
 Proposed
 MAIL BOX
 FOUND 1/2" G GAS METER
 REBAR POWER POLE
 ELECTRIC METER
 FOUND 1/2"
 W WATER METER 3825 N. SHILOH DRIVE - FAYETTEVILLE, AR 72703
 documents you can
 CAPPED REBAR
RECORDDESCRIPTION
 development (not to
 OVH OVERHANG OFFICE: 479.443.4506 · FAX: 479.582.1883
 "PLS1005"
 SURVEY@BLEWINC.COM
WARRANTY DEED: 2015-00035095 (M) MEASURED/CALCULATED DIMENSION
 WWW.BLEWINC.COM
LOT NUMBERED EIGHTEEN (18), BLOCK "E" OF MAPLEWOOD (R) RECORD DIMENSION
ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS, AS PER N/F NOW OR FORMERLY SURVEYOR JOB NUMBER: SURVEY DRAWN BY:
PLAT OF SAID ADDITION ON FILE IN THE OFFICE OF THE CIRCUIT
 BOUNDARY LINE 25-0337 ICF - 1/21/2025
 borrow from?
CLERK AND EX-OFFICIO RECORDER OF WASHINGTON COUNTY,
 scale).
ARKANSAS. EASEMENT LINE
 SURVEY REVIEWED BY: SCALE:
 R/W RIGHT-OF-WAY LINE
 TPN 1" = 30'
 C/L CENTERLINE
 FENCE LINE FOR THE USE AND BENEFIT OF:
 OVERHEAD POWER LINE SHEET1OF1 MARGARET MCCABE
Frank, Wes

To: Planning Shared
Subject: RE: Public Comment for BOA-2025-0009 (615 N. WALNUT AVE)




From: Nick Castin <ncastin@gmail.com>
Sent: Tuesday, May 20, 2025 2:29 PM
To: Planning Shared <planning@fayetteville-ar.gov>
Subject: Public Comment for BOA-2025-0009 (615 N. WALNUT AVE)

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.


Re: BOA-2025-0009

Hi there!

My wife and I recently moved into a home on a tandem lot within 200 feet of the subject property (615 N.
WALNUT AVE). We are in support of granting the variance. The building already exists, and the plan to expand
it by 150 sqft to make it a fully-functional ADU is a great example of gentle density in an RSF-4 neighborhood.
The building extension will not be built along the property line, so it will not encroach further into the setback.
We're also well aware that our current home may not have been allowed to be built had neighbors opposed it,
so we wanted to be sure to write a letter of support.

Thank you!
Nick and Meredith Castin
605 N Walnut Ave




 Board of Adjustment
 June 2, 2025
 1
 Item 1
 BOA-2025-0009 (MCCABE)
 Page 13 of 18
Frank, Wes

From: cathy voight <mabelandjean@gmail.com>
Sent: Tuesday, May 27, 2025 11:55 AM
To: Masters, Jessica
Cc: Wiederkehr, Mike; Frank, Wes
Subject: Re: BOA 2025 0009 615 N Walnut Abe



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 for the timely reply. This is exactly what I needed to know. I can support this.
Thank you,
Cathy Voight

On Tuesday, May 27, 2025, Masters, Jessica <jmasters@fayetteville-ar.gov> wrote:

 Thank you for the question, Councilman Wiederkehr!



 Ms. Voight,



 I’ve attached the applicant’s request letter and site plan, and I’ve copied the planner, Wes Frank, who should be able to
 help field any questions about the applicant’s request. The Board of Adjustment meeting will occur on June 2 at 3:45
 PM. Members of the public are invited to attend either in-person in City Hall room 219 or virtually through Zoom.
 Information about how to attend virtually can be found at this link.



 Thank you,



 Jessie



 Jessie Masters, AICP

 Development Review Manager

 Development Services

 City of Fayetteville, Arkansas

 (479) 575-8239
 Board of Adjustment
 June 2, 2025
 1
 Item 1
 BOA-2025-0009 (MCCABE)
 Page 14 of 18
www.fayetteville-ar.gov

Website | Facebook | Twitter | Instagram | YouTube




From: Wiederkehr, Mike <mike.wiederkehr@fayetteville-ar.gov>
Sent: Tuesday, May 27, 2025 9:40 AM
To: Masters, Jessica <jmasters@fayetteville-ar.gov>
Cc: cathy voight <mabelandjean@gmail.com>
Subject: FW: BOA 2025 0009 615 N Walnut Abe




Good morning Jessie,

Please see Ms. Voight’s email below, asking for more information about the BOA agenda item for
615 N Walnut Ave.

Thank you,

Mike




From: cathy voight <mabelandjean@gmail.com>
Date: Tuesday, May 27, 2025 at 9:28 AM
To: Wiederkehr, Mike <mike.wiederkehr@fayetteville-ar.gov>
Subject: BOA 2025 0009 615 N Walnut Abe

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.




Mike,

I cannot find the info on this BOA request. The sign says the lot is .22 acres, zoned 4 per acre and is
requesting setback variance. Would you be able to provide additional info on why this is requested?

Thank you

Cathy Voight


 Board of Adjustment
 June 2, 2025
 2
 Item 1
 BOA-2025-0009 (MCCABE)
 Page 15 of 18
 N
BOA-2025-0009 615 N. WALNUT AVE
 One Mile View

 D


 COLLEGE AV
 UC
 0 0.13 0.25 0.5 Miles
 B LV
 MIS

 E
 SI
 P-1 ON




 NORTH ST




 RSF-4
 Subject Property




 UT




 CS


 I-1
 NC DG
 RMF-6
 LAFAYETTE ST
 RPZD

 MSC



 DICKSON ST
 R-O
 RMF-24
 DC




 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 June 2, 2025
 Item 1
 BOA-2025-0009 (MCCABE)
 Page 16 of 18
BOA-2025-0009 615 N. WALNUT AVE
  Close Up View


 WILLOW

 AVE FRITZ DR
 PROSPECT ST




 Subject Property RSF-8


 REBECCA ST




 WALNUT AVE


 WILLOW AVE OLIVE AVE

 ALLEY
 JOHNSON ST
 444


 RSF-4



 ALLEY 4 56
 DAVIDSON ST




 GUNTER ST




 N
 Alley

 Residential Link
 Feet
 Planning Area 0 75 150 300 450 600
 Fayetteville City Limits 1:2,400 Board of Adjustment
 June 2, 2025
 Item 1
 BOA-2025-0009 (MCCABE)
 Page 17 of 18
 N
BOA-2025-0009 615 N. WALNUT AVE
 Current Land Use




 Single-Family Residential
 PROSPECT ST




 Subject Property


 REBECCA ST


 Single-Family Residential
 and Commercial Single-Family and
 Two-Family Residential


 OLIVE AVE




 N BLVD
 Single-Family and
 Two-Family Residential
 MISSIO




 WILLOW AVE
 MAPLE ST




 Neighborhood Link

 Regional Link - High Activity

 Urban Center

 Alley

 Residential Link Feet
 Trail (Proposed)

 Planning Area
 0 112.5 225 450 675 900
 Fayetteville City Limits
 Design Overlay District
 1:3,600 Board of Adjustment
 June 2, 2025
 Item 1
 BOA-2025-0009 (MCCABE)
 Page 18 of 18
TO: Board of Adjustment

THRU: Jessie Masters, Development Review Manager

FROM: Wesley Frank, Planner

MEETING DATE: June 2, 2025

SUBJECT: BOA-2025-0010: Board of Adjustment (936 N. WILLIS AVE/SOUTH CS
 APARTMENTS, 444): Submitted by JORGENSEN & ASSOCIATES for
 property located at 936 N. WILLIS AVE. The property is zoned RMF-40,
 RESIDENTIAL MULTI-FAMILY, 40 UNITS PER ACRE and contains
 approximately 8.12 acres. The request is for a variance to street frontage
 requirements.

RECOMMENDATION:
Staff recommends approval of BOA-2025-0010.

RECOMMENDED MOTION:
“I move to approve BOA-2025-0010.”

BACKGROUND:
The subject property is located in central Fayetteville approximately 0.3 of a mile east of West
Wedington Drive and North Garland Avenue intersection. The parcel is developed with a multi-
family complex developed in 1967, according to Washington County records. A lot split (LSP-
2025-0015) to split 1.56 acres is under review for this property. The proposed splitting tract was
developed with a multi-family development in 2023 (COMM-2020-000002). No overlay district
currently governs the property, but the property does occupy a floodplain. The surrounding land
uses, and zoning are depicted in Table 1.

 Table 1:
 Surrounding Land Uses and Zoning
 Direction Land Use Zoning
 North Gas Station C-1, Neighborhood Commercial
 South Apartment Complex RMF-40, Residential Multi-Family, 40 Units per Acre
 Trash Collection, Beverage Manufacturer, RMF-40, Residential Multi-Family, 40 Units per Acre;
 East and Clothing Store IPZD, Industrial Planned Zoning District; CS,
 Community Services
 West Medical Offices and Apartment Complex R-O, Residential - Office

DISCUSSION:
Request: The applicant is requesting a variance to the street frontage requirement associated
with the RMF-40 zoning district which is described in UDC §161.17(D)(1). The property overall
adheres to the RMF-40 street frontage requirement as it fronts onto North Leverett Avenue with
sufficient access. The proposed lot split would create a nonconforming situation as the splitting
tract would no longer have the required street frontage access (70 feet) of the zoning district. This


 Board of Adjustment
 June 2, 2025
 Item 2
 BOA-2025-0010 (SOUTH CS APARTMENTS LLC)
 Page 1 of 12
variance request is to allow the proposed second tract of the lot split to have insufficient street
frontage onto West North Street. The requested variance is depicted below in Table 2.

 Table 2:
 Variance Request
 Variance Issue Requirement Proposal Variance
 Minimum lot width 70 feet 35 feet 35 feet


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

RECOMMENDATION: Staff recommends approval of BOA-2025-0010. 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: June 2, 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 finds that the applicant meets the criteria for undue hardship as the
 alternative would be infeasible. The splitting tract would have only one
 access to West North Street with 35 feet, which would be nonconforming to
 the 70-foot requirement for RMF-40.


 Board of Adjustment
 June 2, 2025
 Item 2
 BOA-2025-0010 (SOUTH CS APARTMENTS LLC)
 Page 2 of 12
 To conform to this requirement the applicant would need to expand the
 property’s frontage. This would be difficult to implement as the only option
 would be for the property owner to purchase an additional property either to
 the east or west of the existing street frontage along West North Street. Both
 properties that could be purchased are both developed (e.g., trash collection
 and a medical office building) This option is disproportionate as the
 applicant only intends to conduct a lot split at this property with no proposed
 plans for further development to the existing multi-family development.


 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 would be aligning with the
 intent of the RMF-40 zoning district. The intent of this provision is to allow
 for orderly development, sufficient access for utility and public services, and
 enhance neighborhood character. Additionally, the street frontage
 requirement is applied to all new lots because the creation of new residential
 properties carries an associated potential to increase density and, therefore,
 impact existing City services. RMF-40 has varying lot width requirements as
 it allows for greater flexibility for different housing types (1-, 2-, 3-family, and
 other dwelling uses). Granting this variance would allow for the property to
 adhere to a lesser street frontage typical of other uses, which is keeping with
 the spirit of the zoning ordinance.


 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: The requested variance represents the minimum amount necessary to bring
 the subject parcel into conformity.

 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




 Board of Adjustment
 June 2, 2025
 Item 2
 BOA-2025-0010 (SOUTH CS APARTMENTS LLC)
 Page 3 of 12
ATTACHMENTS:
  • Unified Development Code
 o UDC § 161.17 District RMF-40, Residential Multi-Family - Forty (40) Units Per
 Acre
  • Request Letter
  • Conceptual Site Plan
  • One Mile Map
  • Close-Up Map
  • Current Land Use Map




 Board of Adjustment
 June 2, 2025
 Item 2
 BOA-2025-0010 (SOUTH CS APARTMENTS LLC)
 Page 4 of 12
161.17 District RMF-40, Residential Multi-Family - Forty (40) Units Per Acre
(A) Purpose. The RMF-40 Multi-family Residential District is designated to protect existing high density multi-
 family development and to encourage additional development of this type where it is desirable.
(B) Uses.
 (1) Permitted Uses.
 Unit 1 City-wide uses by right
 Unit 8 Single-family dwellings
 Unit 9 Two (2) family dwellings
 Unit 10 Three (3) and four (4) family dwellings
 Unit 26 Multi-family dwellings
 Unit 41 Accessory dwellings
 Unit 44 Cluster Housing Development
 Unit 46 Short-term rentals



 (2) Conditional Uses.

 Unit 2 City-wide uses by CUP
 Unit 3 Public protection and utility facilities
 Unit 4 Cultural and recreational facilities
 Unit 5 Government facilities
 Unit 11 Manufactured home park
 Unit Limited business
 12a
 Unit 24 Home occupation
 Unit 25 Professional offices
 Unit 36 Wireless communications facilities



(C) Density.

 Units per acre Forty (40) or less

(D) Bulk and Area Regulations.
 (1) Lot Width Minimum.

 Manufactured home park 100 feet
 Lot within a Manufactured 50 feet
 home park
 Single-family 30 feet
 Two (2) family 30 feet
 Three (3) family or more 70 feet
 Professional offices 100 feet



 (2) Lot Area Minimum.


 Board of Adjustment
 June 2, 2025
 Item 2
 BOA-2025-0010 (SOUTH CS APARTMENTS LLC)
 Page 5 of 12
 Manufactured home park 3 acres
 Lot within a mobile home 4,200 square feet
 park
 Townhouses: Individual lot 2,000 square feet
 Single-family 2,500 square feet
 Two (2) family 3,000 square feet
 Three (3) family or more 7,000 square feet
 Fraternity or Sorority 1 acre



 (3) Land Area Per Dwelling Unit.

 Manufactured Home 3,000 square feet
 Fraternity of Sorority 500 square feet per
 resident



(E) Setback Requirements.

 Front Side Side Rear Rear
 Other Single & Other Single
 Uses Two (2) Uses Family
 Family
 A build-to zone that is 8 feet 5 feet 20 feet 5 feet
 located between the
 front property line and
 a line 25 feet from the
 front property line.



(F) Building Height Regulations.

 Building Height Maximum 2 stories/3 stories/5
 stories*



 * A building or a portion of a building that is located between 0 and 10 feet from the front property line or
 any master street plan right-of-way line shall have a maximum height of two (2) stories, between 10—20 feet
 from the master street plan right-of-way a maximum height of three (3) stories and buildings or portions of
 the building set back greater than 20 feet from the master street plan right-of-way shall have a maximum
 height of 5 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 side 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) Building Area. The area occupied by all buildings shall not exceed 50% of the total lot area. Accessory ground
 mounted solar energy systems shall not be considered buildings.
(H) Minimum Buildable Street Frontage. 50% of the lot width.

 Board of Adjustment
 June 2, 2025
 Item 2
 BOA-2025-0010 (SOUTH CS APARTMENTS LLC)
 Page 6 of 12
(Code 1965, App. A., Art. 5(IV); Ord. No. 2320, 4-5-77; Ord. No. 2700, 2-2-81; Ord. No. 1747, 6-29-70; Code 1991,
§160.034; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. No. 5028, 6-19-07; Ord. No. 5224, 3-3-
09; Ord. No. 5262, 8-4-09; Ord. No. 5312, 4-20-10; Ord. No. 5462, 12-6-11; Ord. No. 5592, 6-18-13; Ord. No. 5664,
2-18-14; Ord. No. 5800, §1(Exh. A), 10-6-15; Ord. No. 5921, §1, 11-1-16; Ord. No. 5945, §§5, 8, 9, 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; Ord. No. 6658,
§7(Exh. F), 5-2-23)

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
 June 2, 2025
 Item 2
 BOA-2025-0010 (SOUTH CS APARTMENTS LLC)
 Page 7 of 12
 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



May 9, 2025

City of Fayetteville
113 W. Mountain
Fayetteville, AR 72701

Attn: Board of Adjustments
Re: Lot Split for the Creekside Apartments

This letter is in regards to a request for a variance on a Lot Split request for the Creekside Apartments at 936 N
Willis Avenue. This is an apartment site with numerous buildings that have access to N Willis Avenue, North
Street & Leverett and is a total of 8.23 acres. The Lot Split request is to split off 1.56 acres and two buildings
along the north side that have access off of N Willis which then ties into North Street. The reason for this
Variance request is for street frontage requirements under UDC 161.17 (D)(1). Due to existing property lines
and property owners there is currently only 34.90’ of frontage on to North Street for the new north lot (called
out on lot split as Lot 1). This is under the required amount of street frontage so that is the reason for this
request.

We thank you for your consideration of this request,

Sincerely;


___________________________
Justin Jorgensen, PE




 Board of Adjustment
 June 2, 2025
 Item 2
 BOA-2025-0010 (SOUTH CS APARTMENTS LLC)
 Page 8 of 12
 NOTES: Board of Adjustment
 1. PARCEL #765-06437-000
 VICINITY MAP - FAYETTEVILLE, AR
 100-YR
 YR 100-
 NOT TO SCALE FOR CLARITY
 100-YR
 June 2, 2025

 2. CURRENT ZONING: RMF-40
 3. ROTATION BASED ON ARKANSAS STATE PLANE, NORTH ZONE, NAD83 10
 0-Y ZONING & SETBACKS:
 100- R
 YR YR
 100-
 4. BOUNDARY BASED ON: WEST NORTH STREET ZONED: RMF-40
 I. WARRANTY DEED, FILE #2019-0003053 10 (PUBLIC RIGHT OF WAY VARIES
 0 -Y
 NW CORNER - ASPHALT)
 II. PROPERTY LINE ADJUSTMENT, PLAT FILE #2006-00026247 R R
 (96' M.S.P. R/W - REGIONAL SETBACKS:
 100-Y HIGH-ACTIVITY LINK)
 NE 1/4 SW 1/4 FRONT: 0'-25' BUILD-TO ZONE
 5. PER GRAPHIC PLOTTING ONLY, THE SUBJECT PROPERTY IS LOCATED WITHIN ZONES "X", SHADED "X", "AE" AND FLOODWAY SECTION 9 SIDE, SINGLE & TWO FAMILY: 5'
 Item 2

 T-16-N, R-30-W 36.7' 36.8'
 ZONE "AE" AS SHOWN ON FEMA FIRM PANEL #05143C0208G BEARING AN EFFECTIVE DATE OF 1/25/2024 AND IS PARTIALLY SIDE, OTHER USES: 8'
 100-YR
 100-YR
 LOCATED WITHIN A SPECIAL FLOOD HAZARD ZONE. POINT OF COMMENCEMENT
 R100-Y 25' B.T.Z. REAR, SINGLE FAMILY: 5'
 ALL DESCRIPTIONS OHE DM
 >
 100-YR 100-YR OHE
 R/W OHE L3 DM
 DM SP
 Z
 SPZ
 REAR, OTHER USES: 20'
 OHE R/W SPZ
 6. CITY PLAT BOOK PAGE 444 100-
 SPZ SPZ
 YR
 R/W M.S.P. OHE SPZ
 DM
 100-YR
 >
 11.80' 11.57'
 4
 PARCEL #765-06437-000 (PARENT TRACT):
 S11°5

 Z
 POINT OF BEGINNING SP
 SPZ
 >
 W. NORTH STREET SPZ
 A PART OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 9, TOWNSHIP 16 NORTH, RANGE 30 WEST, SPZ SPZ
 SPZ
 100-YR DEDICATION 1
 °3
 6.55'
 -EX
 BOA-2025-0010 (SOUTH CS APARTMENTS LLC)

 WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
 N14
 100-YR PL
 >
 N87°15'05"W DM
 "E 16
 COMMENCING AT THE NORTHWEST CORNER OF THE SAID FORTY ACRE TRACT, AND RUNNING S02°46'07"W 500.36 FEET AND SS SPZ
 25' SPZ MANAGEMENT
 '27PL
 S87°11'27"E 18.66 FEET TO THE POINT OF BEGINNING, SAID POINT ALSO BEING LOCATED ON THE EASTERN RIGHT OF WAY OF 30.19'
 25' SPZ WATERSIDE SPZ
 SPZ
 '
 9'40
 DM >
 SPZ
 154.98 25'
 SPZ
 NORTH LEVERETT AVENUE, AND RUNNING THENCE S87°11'27"E 400.00 FEET; THENCE N15°41'41"W 231.99 FEET; THENCE
 100-YR
 S S S S SS-EX SPZ
 239.
 N14°39'40"W 251.05 FEET TO THE SOUTHERN RIGHT OF WAY OF WEST NORTH STREET, AND RUNNING ALONG SAID RIGHT OF
 "W 2
 100-YR
 100- SPZ
 >
 WAY S87°08'07"E 34.90 FEET; THENCE LEAVING SAID RIGHT OF WAY S11°54'27"E 166.55 FEET; THENCE S87°15'19"E 188.96 FEET; YR
 X FOUND 1/2" CAPPED SPZ
 SS-E
 THENCE S12°56'51"E 29.92 FEET; THENCE S14°06'02"E 87.45 FEET; THENCE S19°41'33"E 81.51 FEET; THENCE S12°45'16"E 177.46 16 SPZ
 51.0
 > Z
 SPZ
 S02°46'07"W 500.36'



 S87°15'19"E 188.96' SPZ
 SP
 REBAR PLS #1005
 FEET; THENCE S06°27'44"E 105.69 FEET; THENCE S06°25'34"E 104.35 FEET; THENCE S07°19'55"E 105.76 FEET; THENCE
 100-Y
 PL PL PL
 S86°59'06"W 156.00 FEET; THENCE S02°49'21"E 237.87 FEET; THENCE N87°30'29"W 232.81 FEET TO THE EASTERN RIGHT OF R
 5' SPZ
 Page 9 of 12

 WAY OF NORTH BELL AVENUE, AND RUNNING ALONG SAID RIGHT OF WAY N02°46'14"E 114.80 FEET TO THE INTERSECTION OF
 100-YR WV
 8' B.S.B. L4 >
 SPZ
 THE EASTERN AND NORTHERN RIGHT OF WAY OF THE SAID NORTH BELL AVENUE, AND RUNNING ALONG SAID NORTHERN RIGHT WV S SL SPZ SPZ
 SPZ
 SPZ
 OF WAY N87°30'23"W TO THE INTERSECTION OF THE NORTHERN AND WESTERN RIGHT OF WAYS OF THE SAID NORTH BELL EX.BUILDING >
 SS-EX
 10
 0-Y
 AVENUE AT 40.00 FEET AND CONTINUING FOR 153.00 FEET FOR A TOTAL DISTANCE OF 193.00 FEET; THENCE N02°46'07"E 118.60 R YR 100- SPZ
 FEET; THENCE S87°42'11"E 36.03 FEET; THENCE N02°45'40"E 229.88 FEET; THENCE N87°30'23"W 158.50 FEET TO THE EASTERN L5 >
 SPZ
 LOT 1 SPZ
 SPZ
 RIGHT OF WAY OF NORTH LEVERETT AVENUE, AND RUNNING ALONG SAID RIGHT OF WAY N02°17'54"E 163.76 FEET TO THE POINT 10 SPZ
 0-Y R 100-Y SPZ
 R WM x4 67,811 SQ. FEET ±
 OF BEGINNING, CONTAINING IN ALL 8.27 ACRES, MORE OR LESS. SUBJECT TO EASEMENTS AND RIGHT OF WAYS OF RECORD. R SL >
 10
 0-Y WV x5 W 1.56 ACRES ± 8' B.S.B. SPZ
 OH
 FH
 E
 WEST NORTH STREET RIGHT OF WAY DEDICATION:
 100-YR

 DM
 SPZ
 SPZ N
 100-YR
 >
 SPZ
 PL SPZ
 SS-EX
 SPZ
 N15 EX.B L6
 N15°4
 A PART OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 9, TOWNSHIP 16 NORTH, RANGE 30 WEST,
 SPZ
 >
 WL-EX UILD
 WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
 °41'4
 SL SPZ
 1'41"W
 COMMENCING AT THE NORTHWEST CORNER OF THE SAID FORTY ACRE TRACT, AND RUNNING S02°46'07"W 500.36 FEET; 100- OHE >Z SPZ
 YR WV WV ING SPZ
 SPZ SP
 100- 2
 YR
 S87°11'27"E 418.66 FEET; N15°41'41"W 231.99 FEET; AND N14°39'40"W 239.25 FEET TO THE POINT OF BEGINNING, AND RUNNING POINT OF
 1"W
 BEGINNING S87°11'27"E FOUND 1/2" REBAR 15
 249.41
 THENCE N14°39'40"W 11.80 FEET; THENCE S87°08'07"E 34.90 FEET; THENCE S11°54'27"E 11.57 FEET; THENCE N87°15'05"W
 SS-EX SPZ
 34.30 FEET TO THE POINT OF BEGINNING, CONTAINING IN ALL 0.01 ACRES, OR 388 SQUARE FEET, MORE OR LESS. PARENT TRACT; 18.66' OFFSET 7.54 >
 SPZ R
 S12°4
 PL -Y
 231
 100
 87.93'
 N. LEVERETT FROM CORNER SPZ
 100 SPZ
 R '
 0-Y SPZ
 11.39'
 GM x2 GM x3
 -Y
 R 10 SPZ
 W E
 WL-EX
 DEDICATION GM x2 >
 OHE
 .99'
 NORTH LEVERETT AVENUE RIGHT OF WAY DEDICATION: GM x3 POINT OF 10
 '
 0-Y
 NORTH LEVERETT AVENU

 SPZ
 7.46
 BEGINNING S
 R
 8' B.S.B.
 22.1' G
 OHE G
 PL G G 10
 NEW P/L
 PL G TPGL2 100-YR
 0-YR
 "E 17

 A PART OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 9, TOWNSHIP 16 NORTH, RANGE 30 WEST, LOT 1 >
 SPZ
 OHE G
 TP TP OHE G G
 R 100-Y
 4.48'PLS SPZ
 PL OHE G EP OHE 0°46'59"E 20
 E

 SPZ
 R/W M.S.P.

 SPZ
 WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: 388.61' PL OHE N8 E SPZ
 5'16PL
 PL
 17.42'
 COMMENCING AT THE NORTHWEST CORNER OF THE SAID FORTY ACRE TRACT, AND RUNNING S02°46'07"W 500.36 FEET; AND
 89.53'
 N03°18'57"E 163.71'


 YR 100-
 100- >
 (PUBLIC RIGHT OF WAY

 100-
 -EX
 YR
 YR
 S87°11'27"E 18.66 FEET TO THE POINT OF BEGINNING, AND RUNNING THENCE S87°11'27"E 11.39 FEET; THENCE S03°18'57"W POINT OF 8' B.S.B. SS SP Z 100 0 50 100 200 400
 BEGINNING EX.BUILDING SL
 WL-EX
 SPZ
 VARIES - ASPHALT)

 163.71 FEET; THENCE N87°30'23"W 8.49 FEET; THENCE N02°17'54"E 163.76 FEET TOT HE POINT OF BEGINNING, CONTAINING IN >
 SPZ
 SPZ 100-YR
 LOT 2 SPZ
 100-YR SPZ
 ALL 0.04 ACRES, OR 1,627 SQUARE FEET, MORE OR LESS. EX.BUILDING
 L1 10
 0-Y
 PL
 (55'-67' M.S.P. R/W - NEIGH

 SPZ
 R >
 PROPOSED LOT 1: S
 100-YR
 X SPZ
 SPZ
 SPZ
 100-YR
 25' B.T.Z. 0-YR SPZ
 BORHOOD LINK)

 LOT 2
 R/W M.S.P.

 X
 SPZ
 SS
 >
 SS-E
 WV
 A PART OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 9, TOWNSHIP 16 NORTH, RANGE 30 WEST, 100
 10
 - FOUND 1/2" CAPPED
 WV WL-EX WL-EX
 -Y
 290,571 SQ. FEET ±
 EX EX 20' B.S.B.
 SWV W WL-EX
 R
 WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: WL-EX L- SPZ L7 REBAR PLS #1005
 8' B.S.B. W 6.67 ACRES ± PL >
 COMMENCING AT THE NORTHWEST CORNER OF THE SAID FORTY ACRE TRACT, AND RUNNING S02°46'07"W 500.36 FEET AND EX.BUILDING
 150.01' PARCEL #765-06437-000 SPZ
 25.0' SPZ
 S87°11'27"E 418.66 FEET TO THE POINT OF BEGINNING, AND RUNNING THENCE N15°41'41"W 231.99 FEET; THENCE N14°39'40"W SPZ
 100-YR
 SPZ
 N87°30'23"W 158.50' PL PARENT TRACT SS
 25' SPZ WATERSIDE SPZ
 100-YR
 239.25 FEET TO THE PROPOSED SOUTHERN RIGHT OF WAY OF WEST NORTH STREET, AND RUNNING ALONG SAID RIGHT OF WAY 100-YR X -E S SL
 >
 PART OF
 S87°15'05"E 34.30 FEET; THENCE LEAVING SAID RIGHT OF WAY S11°54'27"E 154.98 FEET; THENCE S87°15'19"E 188.96 FEET; 25' SPZ MANAGEMENT XSPZ 100-YR
 NE 1/4 SW 1/4
 THENCE S12°56'51"E 29.92 FEET; THENCE S14°06'02"E 87.45 FEET; THENCE S19°41'33"E 81.51 FEET; THENCE S12°45'16"E 87.93 S
 SS-E
 8.49' EX.BUILDING SECTION 9
 >
 SPZ 1. PARCEL #765-06437-100 9. PARCEL #765-10444-000
 SPZ
 SPZ SPZ
 N02°45'40"E 229.88'


 FEET; THENCE S80°46'59"W 204.48 FEET; THENCE N15°41'41"W 17.42 FEET TO THE POINT OF BEGINNING, CONTAINING IN ALL EX.BUILDING SPZ CITY OF FAYETTEVILLE SWEETSER FAMILY LIMITED PARTNERSHIP
 14 T-16-N, R-30-W 100-YR
 1.56 ACRES, MORE OR LESS. SUBJECT TO EASEMENTS AND RIGHT OF WAYS OF RECORD. R 100-YR
 360,398 SQ. FEET ± 100-Y
 > 113 WEST MOUNTAIN STREET 5490 WEST POPLAR STREET
 SPZ L8 FAYETTEVILLE, AR 72701 FAYETTEVILLE, AR 72703
 PL OHE


 8.27 ACRES ± PL
 SL
 SS-EX
 PROPOSED LOT 2: SPZ ZONED: RMF-40 ZONED: R-O
 SPZ
 >
 SPZ SPZ
 13 SPZ
 PL


 100-YR
 S 3
 YR
 A PART OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 9, TOWNSHIP 16 NORTH, RANGE 30 WEST, PZ X 100-
 100-YR
 2. Parcel #765-10437-000 10. PARCEL #765-10449-010
 SS-E
 >
 WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: EX.BUILDING ZSP RANCO PROPERTIES, LLC SWEETSER FAMILY LIMITED PARTNERSHIP
 12 SP
 EX.BUILDING


 Z
 COMMENCING AT THE NORTHWEST CORNER OF THE SAID FORTY ACRE TRACT, AND RUNNING S02°46'07"W 500.36 FEET AND Z SP
 SP >
 Z PO BOX 4707 5490 WEST POPLAR STREET LINE TABLE
 ZSP
 S87°11'27"E 30.05 FEET TO THE POINT OF BEGINNING, SAID POINT ALSO BEING LOCATED ON THE PROPOSED EASTERN RIGHT OF FAYETTEVILLE, AR 72702 FAYETTEVILLE, AR 72703
 WAY OF NORTH LEVERETT AVENUE, AND RUNNING THENCE S87°11'27"E 388.61 FEET; THENCE S15°41'41"E 17.42 FEET; THENCE 11 8' B.S.B. 10
 0-Y

 R
 0-Y
 10 SP
 >
 ZONED: IPZD ZONED: R-O
 LINE # BEARING DISTANCE
 SS-EX
 FOUND 1/2" CAPPED R
 L9Z
 SPZ
 SPZ
 100-YR
 OHE
 N80°46'59"E 204.48 FEET; THENCE S12°45'16"E 89.53 FEET; THENCE S06°27'44"E 105.69 FEET; THENCE S06°25'34"E 104.35 FEET; REBAR PLS #1005 OHE OHE
 SL PL SPZ SPZ
 L1 N02°17'54"E 163.76'
 100-YR SPZ
 THENCE S07°19'55"E 105.76 FEET; THENCE S86°59'06"W 156.00 FEET; THENCE S02°49'21"E 237.87 FEET; THENCE N87°30'29"W X
 >
 3. PARCEL #765-14007-007 11. PARCEL #765-10449-000
 SS-E
 100-
 232.81 FEET TO THE EASTERN RIGHT OF WAY OF NORTH BELL AVENUE, AND RUNNING ALONG SAID RIGHT OF WAY N02°46'14"E 10
 YR
 R
 SS-EX S CITY OF FAYETTEVILLE SWEETSER FAMILY LIMITED PARTNERSHIP
 0-Y
 10 8' B.S.B. SL SPZ L2 S87°11'27"E 400.00'
 114.80 FEET TO THE INTERSECTION OF THE EASTERN AND NORTHERN RIGHT OF WAY OF THE SAID NORTH BELL AVENUE, AND L13 SS-EX > 113 WEST MOUNTAIN STREET 5490 WEST POPLAR STREET
 SPZ
 S SPZ
 SPZ
 100-YR
 RUNNING ALONG SAID NORTHERN RIGHT OF WAY N87°30'23"W TO THE INTERSECTION OF THE NORTHERN AND WESTERN RIGHT 100-
 YR PL SPZ
 SPZ FAYETTEVILLE, AR 72701 FAYETTEVILLE, AR 72703 L3 S87°08'07"E 34.90'
 OF WAYS OF THE SAID NORTH BELL AVENUE AT 40.00 FEET AND CONTINUING FOR 153.00 FEET FOR A TOTAL DISTANCE OF 100-
 FOUND L10 S ZONED: RMF-40 & CS ZONED: R-O
 9 OHE
 YR >
 SS-EX
 193.00 FEET; THENCE N02°46'07"E 118.60 FEET; THENCE S87°42'11"E 36.03 FEET; THENCE N02°45'40"E 229.88 FEET; THENCE 100-
 YR COTTON
 SPZ L4 S12°56'51"E 29.92'
 DM 100-YR
 R
 10
 0-Y S
 N87°30'23"W 150.01 FEET TO THE PROPOSED EASTERN RIGHT OF WAY OF NORTH LEVERETT AVENUE, AND RUNNING ALONG SPINDLE SPZ 4. PARCEL #765-06438-000 12. PARCEL #765-10449-001
 L12 OHE >
 SPZ
 SPZ
 L5 S14°06'02"E 87.45'
 PL SPZ
 SS-EX
 SAID RIGHT OF WAY N03°18'57"E 163.71 FEET TO THE POINT OF BEGINNING, CONTAINING IN ALL 6.67 ACRES, MORE OR LESS. SPZ BEST WESTSIDE PROPERTIES, LLC ROLF WILKIN, LLC
 E 100-YR
 100-YR
 YR
 SUBJECT TO EASEMENTS AND RIGHT OF WAYS OF RECORD. OH OHE 8' B.S.B. 100- 3118 GRANITE AVENUE PO BOX 1913
 OHE S SS-EX
 SS-EX
 S SPZ
 > L6 S19°41'33"E 81.51'
 8 DM PL LOS ANGELES, CA 90066 FAYETTEVILLE, AR 72702
 S X 4 100-YR SPZ
 CERTIFICATE OF OWNERSHIP & DEDICATION: SS-EX SS-E SPZ
 SPZ ZONED: RMF-40 ZONED: R-O L7 S06°27'44"E 105.69'
 237.87'



 SS-EX SPZ >
 DM 25' SPZ MANAGEMENT SPZ
 S
 SS-EX
 SS-EX
 S
 S02°49'21"EPL



 PL PL SS-EX 25' SPZ WATERSIDE
 X OHE
 100-YR
 WE, THE UNDERSIGNED OWNERS, REPRESENTING ONE HUNDRED PERCENT (100%) OWNERSHIP OF THE REAL ESTATE SHOWN N87°30'23"W 193.00' SS-E S SPZ
 5. PARCEL #765-10438-000 13. PARCEL #765-10448-000 L8 S06°25'34"E 104.35'
 >
 AND DESCRIBED HEREIN, DO HEREBY DEDICATE FOR PUBLIC OWNERSHIP, ALL STREETS AND ALLEYS AS SHOWN ON THIS PLAT PIERCE PROPERTIES, LLC ROLF WILKIN, LLC
 8' B.S.B. SPZ
 100-YR
 SPZ
 FOR PUBLIC BENEFIT AS PRESCRIBED BY LAW. THE OWNERS ALSO DEDICATE TO THE CITY OF FAYETTEVILLE AND TO THE PUBLIC 8 FOUND 1/2" CAPPED SPZ
 SPZ SPZ 630 NORTH LEVERETT AVENUE, SUITE 11 PO BOX 1913 L9 S07°19'55"E 105.76'
 L11
 SS-EX
 UTILITY COMPANIES (INCLUDING ANY CABLE TELEVISION COMPANY HOLDING A FRANCHISE GRANTED BY THE CITY OF REBAR PLS #1005 >
 FAYETTEVILLE, AR 72701 FAYETTEVILLE, AR 72702
 FAYETTEVILLE) THE EASEMENTS AS SHOWN ON THIS PLAT FOR THE PURPOSE OF INSTALLATION OF NEW FACILITIES AND THE NORTH BELL AVENUE R/W PL 100-YR
 SPZ ZONED: RMF-40 ZONED: C-1 L10 S86°59'06"W 156.00'
 (40' PLATTED PUBLIC RIGHT OF WAY - ASPHALT) EX.BUILDING 100-Y
 SS-EX
 REPAIR OF EXISTING FACILITIES. ALSO ESTABLISHED HEREBY IS THE RIGHT OF INGRESS AND EGRESS TO SAID EASEMENTS, THE >
 SS-EX
 40.0' R SPZ
 (45'-52' M.S.P. R/W - RESIDENTIAL LINK) SPZ
 SPZ L11 N02°46'14"E 114.80'
 RIGHT TO PROHIBIT THE ERECTION OF BUILDINGS, STRUCTURES, OR FENCES WITHIN SAID EASEMENTS, AND THE RIGHT TO SPZ 6. PARCEL #765-10432-000 14. PARCEL #765-10441-000
 SPZ
 REMOVE OR TRIM TREES WITHIN SAID EASEMENTS. S 8' B.S.B. > BEST WESTSIDE PROPERTIES, LLC ROLF WILKIN, LLC L12 N02°46'07"E 118.60'
 SPZ 3118 GRANITE AVENUE PO BOX 1913
 100-Y
 PL PL R
 100-YR S LOS ANGELES, CA 90066 FAYETTEVILLE, AR 72702 L13 S87°42'11"E 36.03'
 N87°30'29"W 232.81'
 DATE OWNER FOUND 1/2" REBAR S ZONED: RMF-40 ZONED: C-1
 FLOOD ZONE SHADED "X"
 FOUND 1/2" CAPPED
 SURVEYORS CERTIFICATION: REBAR PLS #1005 7. PARCEL #765-10439-000 15. PARCEL #765-10440-000
 FLOOD ZONE "AE" 6 5 PIERCE PROPERTIES, LLC FAMA PROPERTIES, LLC
 I HEREBY CERTIFY THAT THE PLAN SHOWN AND DESCRIBED HEREON IS A TRUE AND CORRECT SURVEY AND THAT THE
 7
 630 NORTH LEVERETT AVENUE, SUITE 11 6357 CLIFFWOOD CIRCLE
 MONUMENTS HAVE BEEN PLACED AS STATED HEREON AS REQUIRED BY THE SUBDIVISION REGULATI0ONS OF THE CITY OF FAYETTEVILLE, AR 72701 EXCELSIOR, MN 55331
 FAYETTEVILLE, ARKANSAS. FLOODWAY ZONE "AE" ZONED: RMF-40 ZONED: R-O
 STREAM SIDE TOP OF BANK 8. PARCEL #765-06435-000 16. PARCEL #765-10442-000
 DAVID L. JORGENSEN, ARLS #1118 DATE SWEETSER FAMILY LIMITED PARTNERSHIP WEDINGTON MEDICAL CENTER, LLC
 5490 WEST POPLAR STREET 767 WEST NORTH STREET
 STREAM SIDE 25' WATER ZONE FAYETTEVILLE, AR 72703 FAYETTEVILLE, AR 72701
 ZONED: RMF-40 & C-1 ZONED: R-O
 STREAM SIDE MANAGEMENT ZONE
 FOUND MONUMENT AS NOTED S SEWER MANHOLE POWER POLE PROPERTY LINE RIGHT OF WAY EXISTING WATER LINE PROJECT TITLE: CREEKSIDE APARTMENTS
 PL PL R/W R/W WL-EX WL-EX
 SET IRON PIN WITH CAP DM STORM DRAIN MANHOLE SL LIGHT POLE
 LOCATION: FAYETTEVILLE, AR
 SHEET # 1

 FORTY LINE / PROPERTY TIE LINE BUILDING SETBACK EXISTING SEWER LINE
LEGEND W
 CALCULATED POINT
 WATER METER
 E
 EP
 ELECTRIC BOX
 ELECTRIC PEDESTAL
 SS-EX SS-EX JORGENSEN 124 W Sunbridge Drive, Suite 5
 Fayetteville, AR 72703 SHEET TITLE: LOT SPLIT
 WV
 WATER VALVE TP TELEPHONE PEDESTAL
 ADJOINING PROPERTY LINE UTILITY EASEMENT EXISTING OVERHEAD ELECTRIC
 OHE OHE
 +ASSOCIATES Office: 479.442.9127
 www.jorgensenassoc.com
 DRAWN BY: JH
 SHEET SCALE: 1" = 100'
 FH FIRE HYDRANT G GAS METER CENTERLINE OF ROAD WALL Civil Engineering + Surveying Established 1985 DATE: 1/24/2025
 PROJECT FILE: Z:\LOTS\2025003
 N
 BOA-2025-0010 936 N. WILLIS AVE
 One Mile View


 0 0.13 0.25 0.5 Miles
 RMF-40




 G ARLAND AVE
 RSF-4
 RSF-18




 RMF-24

 I-1




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



 LEVERETT AVE
 R-O




 CLEVEL AND ST




 GARLAND AVE


 MAPLE ST




RAZORBACK RD
 ARKANSAS AVE
 DG NC

 P-1


 MSC


 Regional Link

 Neighborhood Link

 Institutional Master Plan

 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 June 2, 2025
 Item 2
 BOA-2025-0010 (SOUTH CS APARTMENTS LLC)
 Page 10 of 12
  BOA-2025-0010 936 N. WILLIS AVE
 Close Up View


 C-1 I-1 IR O N R

 HOR S E D

STORER AVE
 Scull Creek
 NORTH ST

 Trail
 IPZD

 LLY C T


 ALLEY 848
 MO

HUGHES ST
 R-O
 VE
 RMF-24
 IS A
 CS

 ILL ADAMS ST
 W




 LEVERETT AVE
 FRISCO
 AVE
 BERRY ST
 Subject Property




 RMF-40




 EAGLE ST

 C-2




 B E LL AVE



 Neighborhood Link
 WILLIS
 AVE NF
 co
 ris ail
 Tr



 Regional Link - High Activity

 Unclassified

 Alley

 Residential Link Feet
 Planning Area
 0 75 150 300 450 600
 Fayetteville City Limits
 Shared-Use Paved Trail 1:2,400 Board of Adjustment
 June 2, 2025
 Item 2
 BOA-2025-0010 (SOUTH CS APARTMENTS LLC)
 Page 11 of 12
 N
BOA-2025-0010 936 N. WILLIS AVE
 Current Land Use




 OAKLAND AVE
 Mixed Use GREGG AVE

CO MOUN
  MF
 OR T
 TR
 D NORTH ST




 GREGG AVE




 Mixed Residential LEVERETT AVE Subject Property
 Mixed Residential




 CLEVELAND ST
 Mixed Residential PROSPECT ST
 SC
 FRI
 E
 O AV




 Neighborhood Link

 Regional Link - High Activity

 Unclassified

 Alley Feet
 Residential Link
 0 112.5 225 450 675 900
 Planning Area
 Fayetteville City Limits
 1:3,600 Board of Adjustment
 June 2, 2025
 Item 2
 BOA-2025-0010 (SOUTH CS APARTMENTS LLC)
 Page 12 of 12
TO: Board of Adjustment

THRU: Jessie Masters, Development Review Manager

FROM: Gretchen Harrison, Senior Planner

MEETING DATE: June 2, 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.”

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.
 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


 Board of Adjustment
 June 2, 2025
 Item 3
 BOA-2025-0011 (ROSE)
 Page 1 of 13
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. Approval of this variance does not grant approval of or entitlement to any required
 permits or other zoning or development variances, and

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


 BOARD OF ADJUSTMENT ACTION:  Approved  Denied  Tabled

 Date: June 2 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 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.

 Board of Adjustment
 June 2, 2025
 Item 3
 BOA-2025-0011 (ROSE)
 Page 2 of 13
 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.

 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.


 Board of Adjustment
 June 2, 2025
 Item 3
 BOA-2025-0011 (ROSE)
 Page 3 of 13
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
  • Close-Up Map
  • Current Land Use Map




 Board of Adjustment
 June 2, 2025
 Item 3
 BOA-2025-0011 (ROSE)
 Page 4 of 13
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
 June 2, 2025
 Item 3
 BOA-2025-0011 (ROSE)
 Page 5 of 13
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
 June 2, 2025
 Item 3
 BOA-2025-0011 (ROSE)
 Page 6 of 13
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
 June 2, 2025
 Item 3
 BOA-2025-0011 (ROSE)
 Page 7 of 13
 Board of Adjustment
 June 2, 2025
 Item 3
BOA-2025-0011 (ROSE)
 Page 8 of 13
 Board of Adjustment
 June 2, 2025
 Item 3
BOA-2025-0011 (ROSE)
 Page 9 of 13
 Board of Adjustment
 June 2, 2025
 Item 3
BOA-2025-0011 (ROSE)
 Page 10 of 13
 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 June 2, 2025
 Item 3
 BOA-2025-0011 (ROSE)
 Page 11 of 13
 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
 June 2, 2025
 Item 3
 BOA-2025-0011 (ROSE)
 Page 12 of 13
 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
 June 2, 2025
 Item 3
 BOA-2025-0011 (ROSE)
 Page 13 of 13