Home Construction Setback Variance Sparks Debate
Bella Vista, AR — The Bella Vista Board of Zoning Adjustment (BZA) will host a public hearing on January 13, 2025, to address a variance request for a property located at 4 Middleton Lane. The home, currently under construction, has a roof eave encroaching up to 9 inches into the required 7.5-foot side setback, violating zoning regulations.
The issue originated under the property’s previous owner, who failed to pass framing inspections and continued construction without an active permit. After the city issued a stop-work order in November 2023, the property was sold to the current owner, Steve McNutt, who has been working to resolve the violations.
According to city staff, granting the variance would contradict zoning standards meant to ensure consistent setbacks in residential neighborhoods. The staff report recommends denying the variance, citing insufficient grounds for hardship and potential precedent-setting concerns. “Strict enforcement is necessary to maintain the integrity of zoning codes,” said Senior Planner Christopher Hyatt.
The case highlights challenges in balancing property rights with zoning enforcement and poses broader questions about how to manage construction violations inherited by new owners. The BZA’s decision could set a precedent for similar cases in the future.
