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Board denies variance and conditional use for Grand Avenue drive‑through shopping center
Summary
The Board of Zoning Adjustment and Planning Commission denied requests to allow a proposed 2,700 sq ft restaurant with a drive‑through (omitting the required passing lane) and associated variance for drive‑through aisle on Grand Avenue, citing site overdevelopment and concerns about emergency access and sanitation access.
The Fort Smith Board of Zoning Adjustment and Planning Commission on Oct. 13 denied a variance and a companion conditional use application that would have allowed construction of a roughly 4,000‑square‑foot shopping center with a 2,700‑square‑foot restaurant and drive‑through on Grand Avenue without the required passing lane.
Staff recommended denial, arguing the site design without a passing lane constituted an overdevelopment of the property and could create conflicts with adjacent single‑family residences and emergency access. "If staff's opinion, the new design lacking the required passing lane is an overdevelopment of the site," staff said, noting prior approvals in 2024 for a different shopping center design and concerns about driveway locations and how sanitation trucks would access a dumpster if one were later installed.
Commissioners and staff discussed alley widths, whether proposed new paving of alleyways would be developer responsibility, and the purpose of the passing lane for customer queuing and emergency access. Staff confirmed that the developer would install hard surfacing at the developer's expense and the city would maintain alleyways once developed.
When votes were taken, the variance (item 6) failed 6 opposed to 2 in favor and the conditional use (item 7) likewise failed with 2 in favor and 6 opposed. Commissioners who recorded "against" cited concerns about queueing, emergency access and the site's narrow alleys. Staff provided a list of conditions that would be required if the board were to approve, including compliance with the development plan, right‑of‑way dedication prior to permit, automatic irrigation for landscaping and shielded lighting, but the board did not adopt those recommendations.
Outcome: the applications were denied; applicants will need to revise site design to meet the UDO drive‑through and passing lane requirements before resubmission.
