The Fayetteville Board of Adjustments on July 7 approved a variance for 463 South Benchmark Lane after staff reported that a third-party contractor inadvertently moved a boundary pin while setting footings, producing an encroachment of roughly 2.4 inches into the five-foot side-setback required in that zoning district.

City staff told the board the developer, River Oak Partners LLC, had attempted to meet the setback and that the encroachment was accidental. Staff recommended approval, saying reversing the encroachment or shifting the property line now could have knock-on effects on neighboring properties. Staff also said privacy and safety standards would be maintained: the measured distance from the existing setback to the adjacent property line is roughly 4 feet 10 inches, producing about 9 feet of separation in total between the two houses, and building-safety reviewers said applicable safety spacing would be met.

No applicant representative appeared at the meeting. Board members noted a recent bylaws change removed a prior presence requirement for applicants when staff recommended approval.

A board member moved to approve the variance and the motion carried.

The variance allows the current building to remain as constructed; staff described it as the minimum relief necessary to avoid a disproportionate burden given the contractor error and the site’s existing conditions.