Zoning Board Considers Variance for Bethnal Road Property
The Bella Vista Board of Zoning Adjustment is currently reviewing a variance request that could significantly impact the development of a property located at 8801 Bethnal Road, near Loch Lomond. The property owner, Tim Marta, has applied for a zoning variance to reduce the required rear setback for his Residential Estate (R-E) zoned property from 50 feet to 30 feet. This adjustment is necessary to accommodate a proposed 45-foot by 80-foot non-residential accessory structure on the 5.05-acre parcel.
The Background
The property’s primary dwelling was constructed 30 feet from the rear property line, predating the establishment of city zoning regulations. This positioning has created a unique challenge for the property owner, as adhering to the current 50-foot setback requirement would make it impossible to build the accessory structure behind the front plane of the house, as required by the zoning code. The proposed accessory structure, which meets all other zoning requirements, is intended to be well-buffered by natural vegetation, preserving the open-space, park-like atmosphere of the property.
Staff Recommendation and Considerations
City planning staff have recommended approval of the variance, noting that the request meets all three standards for approval outlined in the zoning ordinance. The staff report highlights that the variance is justified due to the unique circumstances of the property, which were not caused by the applicant, and that granting the variance would be consistent with the intent of the zoning ordinance. Additionally, the proposed structure’s impact on the environment and surrounding area is minimal, with development concentrated at the rear of the property to maintain its natural topography and green space.
Public Involvement
As of the latest update, no public comments have been submitted regarding this variance request. However, the Bella Vista community has been notified of the public hearing through legal notices and signage posted on the property. The final decision on the variance will be made by the Board of Zoning Adjustment, taking into account both the staff’s recommendation and any feedback from the public.
Implications
If approved, this variance would allow for the construction of the accessory structure, providing the property owner with the flexibility needed to develop the land while adhering to most of the city’s zoning regulations. The decision will also set a precedent for how similar cases might be handled in the future, particularly for properties with existing structures that complicate compliance with current zoning rules.
The outcome of this variance request will be closely watched by residents and developers alike, as it could influence future zoning decisions and development projects within Bella Vista.
