Legislation Details

File #: 26-0423    Version: 1 Name:
Type: Public Hearing (Public & Legislative) Status: Agenda Ready
File created: 6/29/2026 In control: Zoning Commission
On agenda: 7/14/2026 Final action:
Title: A26-27: Request by Donald Kinlaw for a variance to the maximum fence height standards (Section 30-5.D.4) as well as the minimum yard setback (Section 30-3.d.3) to allow a taller fence and shed at 151 Wheat Way (0408425302000).
Attachments: 1. Application.pdf, 2. A26-27 - Aerial Notification Map.png, 3. A26-27 - Zoning Map.png, 4. A26-27 - Future Land Use Map.png, 5. Subject Property.pdf, 6. Surrounding Properties.pdf, 7. Site Plan.pdf
TO: Zoning Commission

THRU: Jennifer C. Baptiste - Planning & Zoning Division Manager

FROM: Thomas Cohen - Planner I

DATE: July 14, 2026

RE:Title
A26-27: Request by Donald Kinlaw for a variance to the maximum fence height standards (Section 30-5.D.4) as well as the minimum yard setback (Section 30-3.d.3) to allow a taller fence and shed at 151 Wheat Way (0408425302000).
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COUNCIL DISTRICT(S):
Council District(s)
9 - Deno Hondros


b
Relationship To Strategic Plan:
Goal II - Responsive City Government Supporting a Diverse & Viable Economy
* Objective 3.2 - To manage the City's future growth and strategic land use

Goal VI - Collaborative Citizen & Business Engagement Base
* Objective 6.2 - To ensure trust and confidence in City government through transparency and high-quality customer service

Executive Summary:
Applicant is requesting a variance to both the maximum fence height standards and corner side setback standards as they relate to a residential property within the Single Family 10 (SF-10) zoning district. To allow the reconstruction of privacy fencing to be replaced and to enable continued placement of a shed. Requirements are an increase to the fence height by two feet and a reduction of the setback to 1.5 feet to accommodate the fence and shed respectively.

Applicant's request is an after-the-fact request and is triggered by three Notices of Violation served by City of Fayetteville Code Enforcement under Case Numbers CE20260409-04337, CE20260409-04338, and CE20260409-04339.
Background:
Owner: Donald Kinlaw
Request: Increased maximum fence height and decreased corner yard setback.
Address: 151 Wheat Way
Parcel Identification Number (PIN): 0408425302000
Parcel Size: ? 0.28
Existing Site Conditions: Single floor single family home
Immediate Context: Single family residential neighborhood
Utilities: Public water, sewer, and power
Public Notice: Notification letters were sent to property owners within 300 feet of the s...

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