Legislation Details

File #: 25-4926    Version: 1 Name: A25-40. Request for a Variance rear yard setback
Type: Evidentiary Hearing Status: Agenda Ready
File created: 9/10/2025 In control: Zoning Commission
On agenda: 9/15/2025 Final action: 9/9/2026
Title: A25-40. Request for a Variance to allow a structure to encroach into the rear yard setback at 5405 Palm Circle (REID #0406971715000), owned by Mabel Ninette Guin. (Tabled from August 12)
Attachments: 1. A25-40 Application, 2. A25-40 Aerial Notification Map, 3. A25-40 Zoning Map, 4. A25-40 Future Land Use Map, 5. A25-40 Subject Property, 6. A25-40 Surrounding Properties, 7. A25-40 Plot Plan
Date Ver.Action ByActionResultAction DetailsMeeting DetailsVideo
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TO: Mayor and Members of City Council

THRU: Zoning Commission

FROM: Demetrios Moutos - Planner I

DATE: September 15, 2025

RE:
Title
A25-40. Request for a Variance to allow a structure to encroach into the rear yard setback at 5405 Palm Circle (REID #0406971715000), owned by Mabel Ninette Guin. (Tabled from August 12)
end

COUNCIL DISTRICT(S):
Council District(s)
5 - Lynne Greene


b
Relationship To Strategic Plan:
Strategic Operating Plan FY 2022
Goals 2027
* Goal 2: Responsive City Government Supporting a Diverse and Viable Economy
o Objective 2.4: Sustain a favorable development climate to encourage business (and residential) growth.
* Goal 3: City Investment in Today and Tomorrow
o Objective 3.2: Manage the City's future growth and strategic land use.
o Objective 3.4: Revitalize neighborhoods with effective code enforcement and violations abatement.
* Goal 4: A Desirable Place to Live, Work, and Recreate
o Objective 4.5: Ensure a place for people to live in great neighborhoods.

Executive Summary:
This case concerns a request to reduce the required rear yard setback at 5405 Palm Circle by approximately three feet to allow for a covered porch. The property is zoned SF-10 and is located within the city limits of Fayetteville.

Section 30-2.C.14 - Variance:

A variance allows limited deviations from the dimensional standards of the Ordinance - such as height, yard setbacks, or lot coverage - when strict application would impose an undue and unique hardship on the landowner. To qualify, the hardship must arise from special conditions beyond the landowner's control, such as unusual topography or the narrowness, shallowness, or irregular shape of the parcel.

Variances are intended for rare and exceptional circumstances and are to be granted sparingly. They may not be used to change permitted land uses or to modify conditions of approval established through other procedures.

Background:
Owner: Mabel Guin
Applicant: Red Door Homes of Cent...

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