Fayetteville BOA approves reduced setback for attached pergola at East Lafayette home

The Fayetteville Board of Adjustments on Aug. 4 approved a reduced variance allowing an attached pergola/carport to encroach 2 feet into a 5-foot side setback at a home on East Lafayette Street, with the condition that the structure remain under 10 feet in height.

The decision split from staff advice: "So staff does recommend denial of BOA 20 25 0 0 11," a planning staff member told the board during a detailed presentation of the application, zoning context and site constraints. The applicant had corrected plan dimensions at the meeting, confirming the proposed pergola was 15 feet wide rather than 14 feet 6 inches.

Why it mattered: the property is a contributing resource in the Washington Willow Historic District and sits on a substandard lot (about 63 feet wide versus the 70-foot minimum in RSF-4 zoning). The applicant said previous attempts to build a garage were blocked and that the pergola is needed both for vehicle access and to reduce water intrusion in a basement they described as unsafe to enter. "Water intrusion is the real deal," the applicant said, describing ongoing repairs and health impacts related to the basement.

Board members and staff examined survey measurements and the project drawings, discussing whether the pergola is an "open-air" structure or a roofed/covered structure — an important legal distinction because an attached, roofed addition would be subject to the full 5-foot setback. Staff noted code language that can reduce a side setback to 3 feet for unattached structures under 10 feet in height, but staff also warned that an attached roof would normally be treated as part of the home and subject to the 5-foot standard.

After discussion about utilities, window wells and whether alternative designs could address the applicant's concerns, two board members proposed a compromise: allow a 2-foot variance into the 5-foot setback (effectively a 13.2-foot functional limit measured to the edge of the permitted projection), conditioned on the structure being under 10 feet in height and on limiting any overhangs that would extend further into the setback. "I would be in support of a 2 foot variance," one board member said during deliberations.

A motion to approve the conditioned 2-foot variance was made, seconded and carried by roll call.

What happens next: the board placed conditions on approval that limit height and overhang; the applicant was advised about permitting and inspections through the Building Safety Division. The board also noted a neighbor letter in support of the proposal. No further hearings were scheduled on this item at the meeting; staff will follow up on permit reviews and the applicant will pick up or remove the sign as instructed.

The board concluded the agenda and moved to routine announcements and document distribution ahead of adjournment.