Setbacks vs. Reality: Bella Vista Homeowners Seek Relief from Zoning Rules

Bella Vista’s unique terrain and subdivision layouts are once again colliding with zoning regulations, as the Board of Zoning Adjustment (BZA) prepares to hear two new variance requests at its September 8 meeting. Both involve homeowners seeking relief from the city’s 20-foot front setback rule in single-family residential districts, but each case highlights different challenges.

Bradford Drive: Construction Already Too Close to the Street

At 26 Bradford Drive, a home under construction was discovered to be only 7.5 feet from the property line — far short of the 20-foot setback required by city codeBZA Packet 9-8-2025.

According to city staff, inspections had been ongoing since March, with approvals granted for footings, framing, and insulation before the issue was flagged in July by Carroll Electric. By then, much of the structure was already in place.

The applicant, Kenneth Hagerty, reached an agreement with Carroll Electric to move a power line but still needed zoning relief. Planning staff, however, have recommended denial, noting that the violation stems from the applicant’s own actions and does not meet the hardship standards required for a varianceBZA Packet 9-8-2025.

Coalburn Circle: A Unique Lot Shape

In contrast, the owner of a lot at 13 Coalburn Circle is asking for a variance to reduce the setback from 20 feet to 15 feet in order to build a three-bedroom home on a corner lotBZA Packet 9-8-2025.

The unusual curvature of the parcel and the space needed for septic solutions significantly reduce the buildable area, shrinking the allowable house depth from 38 feet to just 28 feet. City staff determined these conditions create a legitimate hardship and have recommended approval of the varianceBZA Packet 9-8-2025.

A Broader Pattern in Bella Vista

These cases reflect a broader trend in Bella Vista: zoning setbacks written for standard suburban lots often clash with the realities of hilly terrain, irregular parcel shapes, and septic requirements.

For some homeowners, that means creative design solutions. For others, it requires an appeal to the BZA, where staff recommendations and board votes can make or break a project.

As Bella Vista continues to grow, city officials may face more of these situations — balancing the intent of zoning rules with the practicalities of building in a community defined by winding streets, lakefronts, and challenging topography.