25 NOV 10
A G E N D A
BOARD OF ADJUSTMENT
NOVEMBER 10, 2025
6:00 P.M.
CITY HALL
CITY COUNCIL CHAMBERS
1. CALL TO ORDER: PAGES
2. APPROVAL AND/OR
CORRECTION OF MINUTES: Regular Scheduled Meeting of
October 13, 2025 1-2
3. VARIANCE REQUEST(S): a. Rear Yard Setback Variance
187 Roosevelt Road
Petitioner: Midark Houses LLC
Representative: Tucker Land Surveying 3-4
b. Fence Height Variance
300 North Jeff Davis Street
Petitioner: Jeanetta Adams 5-14
ADJOURNMENT
MINUTES: BOARD OF ADJUSTMENT REGULAR MEETING
DATE AND TIME: November 10, 2025 6:02 p.m. – 6:19 p.m.
ATTENDANCE: Commissioners: Hall, Sansing, Twitty, Brittenum, and Acting Chairman Moore were present.
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City Clerk Susan Davitt recorded those listed above in attendance and Acting Chairman Moore declared a quorum.
APPROVAL AND/OR CORRECTION OF MINUTES: Commissioner Brittenum moved, seconded by Commissioner Sansing to approve the regular meeting minutes of October 13, 2025. MOTION CARRIED.
VARIANCE(S): a. Rear Yard Setback Variance 187 Roosevelt Road
The public hearing opened at approximately 6:05 p.m.
City Engineer Adam Whitlow stated the request is to go from 25’ to 20’, the lot is vacant, and in order to build the 1360 square foot house, they need a variance. He explained the lot
is 89.68’ x 78.53’, so it is very shallow and nonconforming compared to the normal 120’. He confirmed the hardship is justified as the others approved in the area.
Colby Ferguson with Midark Houses LLC and Arkansas Homes and Rentals added that it is the back left corner of the house that needs the setback variance and it will be the same house
plan they have been building in Sunnyside.
The public hearing closed at approximately 6:10 p.m.
Commissioner Sansing moved, seconded by Commissioner Twitty to approve a 20’ rear yard setback at 187 Roosevelt Road. MOTION CARRIED.
b. Fence Height Variance 300 North Jeff Davis Street
The public hearing opened at approximately 6:10 p.m.
Engineer Whitlow related the request is to go to 8’, which is the first variance request since the passing of the residential fence ordinance that requires a permit and restricts fences
taller than 6’. He explained someone wishing to build an 8’ fence must now come before the Board and state their hardships. He pointed out that the applicant has provided their statement,
confirming the property was properly advertised and posted and Public Works received one phone call in objection. He mentioned like properties in the area, but Staff cautions approving
due to the ordinance and hardships stated are not specific to this property, but are in regards to privacy, environmental impacts mitigation, and enhanced security and safety.
Citizen Bobbie Burney of 304 North Jeff Davis Street showed her support for the 8’ fence.
Acting Chairman Moore mentioned the ordinance passed May 22, 2025 and the petitioner’s paperwork shows they ordered the materials in February 2025.
Engineer Whitlow brought up that if the Commission is considering approval, he recommends leaning on the hardship of the time the materials were ordered, since it predated the ordinance.
He confirmed the other reasons given are generic and not unique to the property, but the fence being started in some form prior is unique and could be viewed as a grandfathered scenario.
The public hearing closed at approximately 6:19 p.m.
BOARD OF ADJUSTMENT REGULAR MEETING
November 10, 2025 6:02 p.m. – 6:19 p.m.
Commissioner Brittenum moved, seconded by Commissioner Sansing to approve an 8’ fence located at 300 North Jeff Davis Street based on the fact the materials were ordered prior to Ordinance
1788’s passing by City Council, therefore, grandfathered in. MOTION CARRIED with Commissioner Hall voting NAY.
ADJOURNMENT: Without objection, Acting Chairman Moore adjourned the meeting at approximately 6:19 p.m. MOTION CARRIED.
Respectfully,
___________________________ ______________________________
Susan L. Davitt CHAIRMAN Jim Oakley
CITY CLERK – TREASURER