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Board approves variance allowing existing carport at Utica Place to remain
Summary
The Board of Zoning Adjustment approved a front‑yard setback variance allowing a previously constructed 10x20 carport at 1924 Utica Place to remain. The applicant said the house's siting left insufficient room to add the carport without encroaching into the setback; the permit for the carport was not obtained before construction.
The Fort Smith Board of Zoning Adjustment on Oct. 13 approved a variance reducing the front yard setback from 25 feet to 20 feet for an existing 10‑by‑20 metal‑roof carport at 1924 Utica Place, allowing the structure to remain.
Staff reported the carport had been constructed without a required building permit; the building department inspected the property and advised the owner to apply for a permit and a variance because the carport encroached into the front setback. The owner, Mark Hardy, said he had obtained other permits for roofing and siding and contended he had followed the permitting process; staff clarified the roofing/siding permits did not cover the carport addition.
The board asked whether the owner would have to remove the carport if the variance were denied; staff confirmed removal would be required if no variance were approved and a permit could not be obtained later. Commissioners noted the carport improved the property's curb appeal and that several nearby properties have similar accessory structures. The motion to approve, with the standard condition that construction comply with the submitted development site plan, passed 8‑0.
Outcome: variance approved; owner may obtain the required building permit consistent with the variance and development plan. If future changes exceed the approved plan, further approvals would be required.
