Conway BZA grants 7-foot setback variance for accessory structure at 209 Waltrip Street

On April 23, the Conway Board of Zoning Appeals voted to grant a 7-foot variance that allows a nonresidential accessory structure at 209 Waltrip Street to be placed 23 feet from the side property line rather than the 30-foot side setback required under the current Unified Development Ordinance (UDO).

Staff explained the parcel was originally zoned Production Service Industry, which required a 15-foot side setback. When Conway adopted its current UDO in December 2011, the parcel was rezoned to heavy industrial and the side-setback requirement rose to 30 feet. Because the existing primary building was constructed under the earlier standards, staff said meeting the 30-foot standard for an accessory structure was "physically unfeasible." The variance request was made under UDO provisions including Table 6.2 and §5.2.1B, staff said.

The applicant, Javon Charles Fisher, was sworn and identified himself as a tenant, not the property owner. Fisher gave no additional testimony beyond staff's presentation, saying, "No, I think they've done a pretty good job presenting our case." A board member summarized deliberations by saying the request met the four criteria the board must find for a variance, especially noting utilization and the parcel’s rezoning history.

A motion to grant the variance was moved by Miss Dingle and seconded by Miss Baxley; the board voted in favor and the variance was granted. The transcript does not include a roll-call tally or individual votes by name. Staff indicated that Cam will follow up with the applicant on next steps.

The board did not attach conditions beyond the setback variance in the transcript, and the record does not show any public opposition during the hearing. The transcript shows that public input was closed by vote before deliberations and there were no speakers for or against the request in the public-input period.