26 MAR 9
A G E N D A
BOARD OF ADJUSTMENT
MARCH 9, 2026
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
February 9, 2026 1-5
3. VARIANCE REQUEST(S): a. Rear Yard Setback Variance
195 Roosevelt Road
Petitioner: Midark Houses LLC
Representative: Tucker Land Surveying 6-7
b. Rear & Front Yard Setback Variance
709 Charlotte Circle
Petitioner: Midark Homes LLC
Representative: Tucker Land Surveying 8-9
c. Frontage Setback Variance
Lots 1R & 2R, Foxwood Gardens
(addressed as 8 & 7 Woodhaven Ct.)
Petitioner: DG Homes LLC
Representative: Bond Engineering 10
(plat included in packet)
d. Side Yard Setback Variance
618 West Main Street
Petitioner: Carlos Okpala 11-12
ADJOURNMENT
MINUTES: BOARD OF ADJUSTMENT REGULAR MEETING
DATE AND TIME: March 9, 2026 6:00 p.m. – 6:15 p.m.
ATTENDANCE: Commissioners: Priest, Walker, and Acting Chairman Moore were present.
______________________________________________________________________
City Clerk Susan Davitt recorded those listed above in attendance and Acting Chairman Moore declared a quorum.
APPROVAL AND/OR CORRECTION OF MINUTES: Commissioner Priest moved, seconded by Commissioner Walker to approve the regular meeting minutes of February 9, 2026. MOTION CARRIED with Chair
voting AYE.
VARIANCE(S): a. Rear Yard Setback Variance 195 Roosevelt Road
The public hearing opened at approximately 6:00 p.m.
Adam Maund with Arkansas Homes and Rentals stated they would like to build a 1223 square foot, four bedroom, two bathroom house. He explained this is the same house plan as many other
new builds in the Sunnyside Subdivision. When Acting Chairman Moore inquired about trees nearby, he confirmed if they are within ten feet of the house, they remove them or trim the
overhanging branches.
City Engineer Adam Whitlow related that they are requesting a variance from 25’ to 13’, the lot has been vacant for quite some time, the current owner bought it to improve the district
with new single-family housing, and the lot is not very deep, so in order to build the proposed house, the rear yard setback needs shortened. He told how the request is from the current
owner, a representative was requested to be in attendance, the property was properly advertised and posted, and Public Works received no phone calls in objection or support. He pointed
out that there are like properties in the area with substantially less than code requirements, this is an old platted area with no building lines on the plat, and Staff supports granting
the variance due to the above conditions. He detailed that this is an existing nonconforming lot since the lot depth does not conform to the City’s current standard.
The public hearing closed at approximately 6:05 p.m.
Commissioner Walker moved, seconded by Commissioner Priest to approve a 13’ rear yard setback at 195 Roosevelt Road. MOTION CARRIED with Chair voting AYE.
b. Rear & Front Yard Setback Variance 709 Charlotte Circle
The public hearing opened at approximately 6:05 p.m.
Mr. Maund noted this is a slightly different house plan being 1157 square feet, but will still be four bedrooms with two bathrooms. He explained a front and rear yard setback is required
for the house to fit on the lot.
BOARD OF ADJUSTMENT REGULAR MEETING
March 9, 2026 6:00 p.m. – 6:15 p.m.
Engineer Whitlow stated it does not need the front yard setback variance since he believes it falls under the exception of § 18.84.030 - Front yard setbacks: “The setback requirements
of this title for dwellings shall not apply to any lot where the average existing setback on lots located wholly or in part within one hundred feet on each side of said lot within the
same block and zoning district and fronting on the same side of the street as such lot is less than the minimum setback required. In such cases, the setback on such lot may be less
than required setback but not less than the average of the existing setbacks on the aforementioned lots or within fifteen feet of the street right-of-way, whichever is greater.” He
clarified that it means the average from the house on the left and the right, which the surveyor demonstrated on the application. He related that they are requesting a rear setback
variance from 25’ to 14’ and a front yard setback variance from 25’ to 16’, the lot has been vacant for some time, the current owner bought this lot to improve the district with new
single-family housing, and the lot is not very deep, so in order to build the proposed house, they are requesting the variances. He told how the property was properly advertised and
posted, and Public Works received no phone calls in objection or support of the request. He pointed out that there are like properties in the area with substantially less than code
requirements and Staff supports granting the variance due to the above conditions.
When Acting Chairman Moore mentioned the proposed house being close to an existing one, Mr. Maund replied that they do processes of seal pack during the framing portion to prevent fire
from spreading.
Engineer Whitlow confirmed that the plot plan meets the side yard setback requirements at 7.5’. He reiterated that this is a nonconforming lot, being 40’ wide and 80’ deep, and this
area may have originally had a zero lotline plan. He noted that it warrants a hardship.
The public hearing closed at approximately 6:11 p.m.
Commissioner Priest moved, seconded by Commissioner Walker to approve a 14’ rear yard setback and a 16’ front yard setback at 709 Charlotte Circle. MOTION CARRIED with Chair voting AYE.
c. Frontage Setback Variance Lots 1R & 2R, Foxwood Gardens (8 & 7 Woodhaven Court)
The public hearing opened at approximately 6:12 p.m.
Representative Aaron Robinson with Bond Engineering recalled Foxwood Gardens being created in the early 2000s with the intent of having garden homes on smaller lots. He explained the
cul-de-sac was the first phase and the setback has limited what they can build on those lots. He told how they are replatting three lots into two through the Planning Commission, but
they are still not big enough. He noted the houses will face the cul-de-sac, not Foxwood Drive, so the variance for the front yard is really the rear yard since there is an adjoining
street on both sides.
BOARD OF ADJUSTMENT REGULAR MEETING
March 9, 2026 6:00 p.m. – 6:15 p.m.
Engineer Whitlow confirmed the lots are nonconforming, they are requesting a setback variance from 20’ to 15’, they are double frontage lots, and the frontage requested to be varied
is on the rear yard. He pointed out the need to note on the plat to restrict houses to face Woodhaven Court only. He told how the property was originally platted with smaller than code
setback to allow for a patio-style development, the property was properly advertised and posted, Public Works received no phone calls in objection or support of the request, and Staff
supports granting the variance due to the above conditions.
The public hearing closed at approximately 6:14 p.m.
Commissioner Priest moved, seconded by Commissioner Walker to approve a frontage (west side of lots facing Woodhaven Drive) setback of 15’ for Lots 1R & 2R Foxwood Gardens (8 & 7 Woodhaven
Court). MOTION CARRIED with Chair voting AYE.
d. Side Yard Setback Variance 618 West Main Street
Engineer Whitlow announced that the petitioner has withdrawn the request at this time.
ADJOURNMENT: Without objection, Acting Chairman Moore adjourned the meeting at approximately 6:15 p.m. MOTION CARRIED.
Respectfully,
___________________________ ______________________________
Susan L. Davitt CHAIRMAN Vivian Brittenum
CITY CLERK – TREASURER