Board of Zoning Appeals - Regular Meeting

We'll then since it's 5:30, we will go ahead and call the February 26, 2026 BCI meeting to order. Um the first item on the agenda would be the approval of the minutes from the last meeting. So, everybody has a copy of those. Um, any questions or issues with I'll make a motion we approve those? Second. All right. All those in favor? I.

Any opposed? Hearing none. We will move on to the criteria. um as a board to make a legal determination of hardship we have um four criteria that we have to meet before we can grant a variance. So um quickly number one is extraordinary conditions. These are extraordinary and exceptional conditions pertaining to the particular piece of property. Two the extraordinary and exceptional conditions do not generally apply to other property in the area utilization. Three, because of the extraordinary or exceptional conditions, the application of the ordinance to a particular piece of property would effectively prohibit or unreasonably restrict the utilization of property. And lastly, detriment. The authorization of variance will not be of substantial detriment to the adjacent property or to the public good and the character of the district will not be harmed by granting a variance. So those are the criteria that we have to meet and we all four of them have to be met in order for variance to be granted. So it looks like the first item on our agenda has been deferred until next month's

meeting. So we don't need to do anything other than move on from that one. Right. Yes ma'am. Okay. And then so that will take us to B variance request. Okay.

So I will turn it over to Miss Wilkerson. This is a variance request from the strict application of the city of Conway's UDO table 8.3 parking requirements for the property located at 1403 9th Avenue. The subject part property is zoned professional which permits a mix of both commercial and residential uses. Originally constructed in 1895 as a four room side gable residence. The structure has a long history of uh ductive reuse, it served as a physician's office for two generations before being relocated to its current current site in 1935 following renovations in the 1930s and 80s. The building most recently functioned as a single family dwelling. The applicants Justin and Jennifer Po Dexter have submitted a commercial sketch plan to transition the property back to the commercial use for PO Dexter counseling. The variance requested is from table 8.3 parking requirements a variance of seven spaces from the required 10 spaces to allow for a total of three on-site parking spaces, one of which is an ADA space. and the PO Dexters as well as Mr. David Dudes is here if you have any questions.

All right. Would anybody like to speak on behalf of this request? If you would like to, please come on up. Thank you all for having us tonight. Before we get started, I will ask you if you don't mind just raise your right hand. Oh, yes ma'am. Promise to tell the truth, the whole truth, nothing but the truth here tonight. Yes, ma'am. Okay. And please state your name. Thank you. Young Justin point next here. If everybody will just quickly Yes. Truth. Okay. Thank you. All right. Yes. No. Okay. All right. I'm David. Well, nice to meet everybody. So, please tell us what you'd like to share with us.

And myself and Jennifer are the crowners of 1403 9th Avenue. And thank you for taking time to speak with us today. Um, it's the closest thing to a date night. We've had it in about two months. So, however this swings, it's a win for us. But um as Kim so eloquently put out there, we're here to ask for a parking variance, specifically a variance of those seven spaces for the allowance of three. Um in addition to being known as professional, um the rich history of 1403 um is very compelling to us. And so as we look at um the feasibility of where we can add parking onto the property, you can see the the shallow depth and the narrow width of it. We're sort of limited in how we can orient um the strict application of the unified development ordinance to this property. Um we hope to revitalize um its rich history and turning it um into the next home of points point extra counseling. um that will be appoint based counseling practice that has a minimal parking um need and we turn it over to you all to ask us any questions you may have about our plans or the use of the property. Um, I did have one question. When when I was reading your material, you um made note that there were approximately 30 on street parking places estimated that could be and I was just wondering like how y'all got to that number and like where you talking along ninth or burrows and suite. I was just trying to place that in my head. So by my wheel measurements between burrows and suite there is 350 to 400 feet of distance on each side of the road. Um I used uh the calculus of 22 feet per parallel parking space um and was generous with some of

like the driveway entry points to John and Mary Long's driveway as a as an example. Um, doing that math, you could easily fit 15 vehicles, like longer full-size trucks down each side of the road, um, which got me to 30 and had some, uh, space to spare. So, that's the equation that I used. Okay. Um, and I I'm just going to make an assumption, and please correct me if I'm wrong. You're probably not high traffic during the day because of the nature of your business.

Only appointments are 50 minutes. And so if all four counselors because usually we have like a rotation where we have some part-time counselors but they work in the afternoon. So it's kind of like swapped off. So it's not that it's ever too crowded and the the parking would just be for the people that are coming that are just there for an hour and that's okay. Okay. Did Did y'all have anything in opposition? Any letters? No. In fact, we did have a email from the loans in support of it. Okay. And I have to put that in the packet. And I think it came after the packet. Okay. Okay. Um, anybody have any questions now? I think it's

Will this be a residence as well as an office? It'll just be an office. Great question. Very timely question, but it's very predictable appointmentbased um not an overnight um establishment, but during the day um there'll be appointments 15 minutes. Um, and obviously the use is allowed at it used to be commercial. I mean it used when I was a child that was my eye doctor. So

um I y'all did a very well-ritten explanation of each of the criteria as well. And I um I feel like with your explanations that each of the four points that we have to meet are made. That's my opinion. But does anybody have any? I'd like to make a motion we approve it. So second. Second. Okay. All those in favor. Any oppos? Okay. There you go. Granted. Good luck. Thank you. Y'all can really take a date. This really means a lot. Thank you.

Now, I would ask um you want to write everybody's variance request form going forward. So, this is probably the the best one I've seen.

And so, I was telling David and Jennifer as um the past couple days they they got swamped, but my original introduction was about 5 minutes long, and I walked through the history of 1403, which is just terribly fascinating. From uh Dr. Archie Sasser all the way through Hersel through its other origins. And so you'll probably see us again and hear about us as we uh walk down the historical pathway. But there's just a rich history about this property to see it continue as just a staple of the community and provide that healing service again. Like it's just going to be cool. So thank you for being a part of it. Of course. Thank you.

Y'all have a good record. He emailed me that and I marked it up and made it looks good. All right. Credit and you that's on the record. So there you go. We appreciate your input as well. Thank you. All right. So moving on. So u Miss Kim from Hickory is here. So we want to skip to hers. Okay. Hickory circle. Okay. Yeah, that's what I said. Miss Kim.

So, what we'll do since our applicant for letter D on the agenda is here, we will bump that one up so that we can hear it. So, we will turn the next one over to Kim.

Okay. This uh was deferred from January's meeting um because um she wasn't able to attend. It's a variance request from the strict application of the city of Conway's UDO section 5.2.3 fences and walls for the property located at 905 Hickory Circle. The subject property is zoned R2. It is classified as a legal non-conforming lot of record because it possesses a double front on Friendship Street. a configuration no longer permitted under the current UDO. The parcel also has a corner front on 9inth Avenue. The applicant proposes installing a six-foot vinyl fence within both the double front yard and the corner front yard under section 5.2.3. The following standards apply. Double front yard fences are restricted to a maximum of four foot and corner front yard fences are six can be six foot fences as long as they maintain a 10 foot set back from the property line. Um the variance is requested uh double front yard at friendship street to allow a 6-ft vinyl fence where a maximum of 4 foot is permitted. corner front to allow a six-foot vinyl fence to encroach into the required 10- foot setback. Should the variance be granted, staff recommends um that at 9th Avenue, the fence set back 10 foot to allow for the sight triangle and stay at 4 foot from 9inth Avenue. And at the last meeting, the chair, I should have put this in the issue paper. The chair allowed anyone that was here to speak and um no one had an issue. They just wanted to know what it was about.

Okay. So, I was not here last time. So, people were here just to for information purposes, but nobody was in actual opposition. And you said the applicant is Miss Kim. Miss Kim, would you like to say anything to us? You're welcome to come up and state your name for the record. And you don't have to, but hi, I'm Kim Lafler. I live 905 Hickory Circle.

Okay. And you'll raise your right hand and we'll tell the truth here tonight. Um, I would just like the 4ft fence around the back because eventually we want to put either a hot tub or a pool in there and we just like some privacy. We have people walking through our lawn all the time. All the time. So the sixoot portion of the fence would be in what you all consider and use as the backyard. Yes. On Friendship Street. Okay. And we'll do the 4 foot in the front.

Okay. We do have double front yards come. That's one of our favorite things that comes in front of us. So, we understand how that that is. But I um I know the sight triangle can be can be an issue. Wasn't there a diagram in there, Kim, that showed how it could look preserving the sight triangle? Right. like this is going to 9inth so that it allows everyone to be able to see both ways on 9th Avenue. Yeah, we were going to on 9th Avenue we were going to put the 4 foot all the way across and then the six foot would be back down to

just in the back to catch into the back fence for six foot. Do you know what I mean? So where your neighbor is um on the left hand side you were going to take you wanted to take six foot all the way to nth right? Yes. Yeah. We're just asking that it's set back 4 foot set back 10 ft of that and join on so that people can see coming out like that.

Oh I had bus drivers and stuff thumbs up me when we were cutting out the trees and stuff because they could see Well, and we we have set a precedent as a board before to preserve the sight triangle when we allow the higher fences for double front yards because I feel like without doing that, we don't meet criteria number four because we could be creating a harmful situation for neighboring property owners and also the public good. So, can I ask one question along those same lines? I think I see what you're talking about here. This would be a 4 foot section to allow, right?

Do we need to do the same here for backing in and out of the concrete the drive was in the red six feet? Does that create a the same kind of sight triangle issue enter and exit the driveway? Um, we can do that. Um, the only reason I didn't do it on Hickory is it wasn't as busy of a road, but um, you haven't been down lately, have you? Well, maybe we do need to do it then. What about Friendship? That's not a busy road. No, that was not busy at all. But Hickory is right behind Rob's auto body, right?

And is that your main is that your driveway to the residence? I mean, you would be going in and out there where it says Concrete Drive most of the time. This is this where you would access your home here. And this is where you would park. Yes, I usually park my vehicle back. There's a cement piece that goes down the side of the garage. I usually park mine back in there. And then there's another vehicle that parks on the top of the circle towards the house. So that makes sense for the adjacent neighbor on Hickory Circle

to have it 4 foot and then go back up to the six foot so that he or she can see around. Okay. Complicated for you. No. Anybody have any other Yeah, that makes sense. Question makes sense to me. You want to

um I'll try this. I'll make a motion that we approve the variance as shown. We don't have an exhibit here. as it's shown on the exhibit on the right with the exception of the same four foot four foot setback on Hicks Creek Circle as we're requesting on 9inth Avenue. It's a 10ft setback with a 4ft fence. 10 foot setback with a 4ft fence. Yes. Okay. All in favor? All in favor? I Okay,

so let me just get this straight. The two fences that are going to go, the one across nine a has it can it can be 4 foot for 10 ft and then has to go right. It can be 4 foot across 9inth Avenue and then where it turns at your neighbor to the left. Okay. um a 4ft fence just 10 foot back so that people can see up and down 9inth Avenue. And the same at Hickory Circle where your adjacent neighbor is. Okay. Got it.

And I'll help you draw it up when you come in to apply for the permit. Okay. So, I have to do that. No, I'll do it for you. Oh, yes. She's already got a permit for it. Yeah. It just was denied. Oh, gotcha. Okay. Yes. So, we'll get you straight tomorrow. Okay. Perfect. Kim will help walk you through exactly what we were talking about with the sight triangles. Okay. You're really just taking those two and combining them, right? That's what you're doing. Yeah. This This will be there.

See the blue right there? That'll be up there. Does that make sense? I'm not quite tall enough to reach it. See where the E is right there? That blue section? That's what I'm following. Sorry. No. Here I can show you here. So this is what is the 4 foot. Yeah. And because we were proposing six foot all the way to hickory. So it would be 4 foot and then go up to six foot. So that these people would be single. Right.

Okay. So kind of something kind of like this and then here it would be 4 foot 4T and then it goes. Yes. Right there. And we can go for that all the way across. Not blocking. Right. Right. Right. Okay.

It's the best of both of those. Yeah. Did y'all do the full vote? Yes. Okay. Thank you. All right. That takes us to our final agenda item. However, I believe the applicant was on the way. Yeah, he should be here in a minute. I go ahead and present it and then Okay.

Okay. This one was also deferred from the last meeting um because someone showed up um thinking they had interest in the property. Oh, yeah. And we haven't. I remember that one. Um the city nor the applicant has heard from those people again. So interesting.

Um this is a variance request from the strict application of the city of Conway's UDO table 6.1 dimensional requirements for residential zoning districts for the property located at 21103 7th Avenue. The subject property is zoned R1. Current UDO requirements for this district include a 20 foot front setback, 20 foot rear, 10 foot side, and a minimum lot depth of 100 feet. The applicant acquired the property in February 2025. Um, and the deed that references the property was actually two lots of record. In December 2025, the applicant submitted a new plat to subdivide the pin into two parcels to allow for the construction of a new home on parcel two. Um to accommodate the existing home, the new de and the new development, the applicant requests the following relief from the city of Conway UDO. Table 6.1, dimensional requirements for residential zoning districts. a side set back for parcel one, a 4 foot variance from the required 10- foot set side setback resulting in a six-foot setback for the existing structure, and for parcel 2, a 1-T variance from the 100 ft minimum lock depth requirement, resulting in a depth of 99 ft. And we did not have it the last time. There he is. Um but this is his um layout meeting the setbacks on parcel two as well as um the new house. Okay.

And he is also renovating the house that exists. Mhm. Yeah. The guy that was here said it belonged to his family, didn't he? Right. Yeah. Yeah. You can come. We knew you were on the way. So Kim went ahead and went through. I left the same time last time. So So Kim filled us in. If you'll state your name for the record. Ron Jackson. And if you'll raise your hand and you promise to tell the truth, hold truth, nothing but the truth here tonight. Yes, sir.

Is there anything um Kim walked us through it that you would like to add? Um, no. I'm just simply uh um just give you a quick recap. We bought the property with anticipation of two lots. Uh, come to find out because there are certain laws changed at the time that uh off a little needs a little bit more room to put the second house on it. So, we're just simply asking for that bearing so we can build another house on the other side. We have the house on the other side that we presently remodel which will be on the market soon. So, we just planning to do a new build on the other lot. Yes. And I think I submitted the plans. Yes, sir. Sure. Everything fits. The new house we tend to build. It's a four bedroomedroom, two bath, twocar garage. 1700 foot.

New house meets all the setbacks. It was just the the foot of the length, which is which is um negligible. So that it's really the setback from the existing structure. I understand. Did you have any opposition? No, I never heard from the the other people. You never heard from them again? They weren't opposing the bar. That's right. They just thought they had some ownership interest. Um, does anybody have any questions?

Got a little stuff. Um, I feel like we we've had this situation with these older lots and these older subdivid subdivided neighborhoods that don't meet current UDO and without some sort of variance, it does restrict the ability to use the property. Um, so I think that we meet the the criteria. I'd like to make a motion that we approve it. Is there a second? Second. All those in favor? All right. Thank you. I appreciate it. Thanks for coming back. No problem. I guess I come back and get the plans for you, I guess, tomorrow. Yes, sir. That'd be great.

All right. No problem. Yeah. Thank you. Thank you. All right. Is there any more business to come before the board? Can I motion to adjurnn? Anyone? I'll make that motion. I'll second it. All right. All those in favor? I adjourned.