The Fayetteville Board of Adjustment on a 3-0 vote approved a variance allowing the conversion of a backyard studio into an accessory dwelling unit (ADU) at 615 North Walnut Street, with the condition that any newly built portion meet the required setback.

Planning staff presented the item as BOA 20250009 and recommended denial, saying staff found no established hardship and that the RSF-4 side-yard setback requirement is five feet. Planning staff told the board: “staff does recommend denial of BOA 20 25 0 0 9.”

Margaret Silva McCabe, the property owner and applicant, told the board she is a single parent seeking to make a 300-square-foot studio habitable as an ADU with about a 150-square-foot addition so her neurodiverse son can live independently with family support. McCabe said the studio currently sits 18 to 22 inches inside the five-foot setback and argued moving or demolishing the existing structure would cause environmental disruption, require larger replacement construction and damage established vegetation. “This is my family,” McCabe said, explaining the project is essential to keeping her household together.

A local realtor who identified herself as McCabe’s agent and friend spoke in support and said neighbors had been contacted and did not object. Planning staff noted two written public comments in support had been received.

Board members discussed both the lack of a staff-identified hardship and the practical difficulties of renovating an existing structure. After discussion a motion to approve the variance, adopting staff conditions and adding a condition that any new portion meet the setback, carried. Board member Young agreed to the added condition during the motion. The board recorded votes in favor and the motion was announced as carried.

Next steps for the project include compliance with the board’s added condition and the standard building-permit reviews; staff had noted that ADU conversion and any new work still must satisfy building and utility requirements.

Because staff recommended denial but the board approved with a condition, the decision may now be subject to administrative appeal under the new local appeals process announced at the meeting.