Board Of Adjustments

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