Home builder banned from new development in Bella Vista for three years

BELLA VISTA, Ark. (KNWA/KFTA) — A builder has been banned from new development in Bella Vista for three years after constructing a home against city code.

Last week, the city resolved a month-long lawsuit with Matt Jensen and his company Jensen Contracting, LLC concerning a newly constructed home that crept inside the setback of a lot, violating city code.

“We want builders to stop skirting the rules and then seeking forgiveness, and instead comply with city regulations from the start,” Bella Vista Staff Attorney Jason Kelley said.

Jensen Contracting, LLC obtained a city permit to build a home at 2 Cawood Drive. The issue arose when electric utility workers found the home encroaching into their easement in the side setback along Trafalgar Road.

On August 3, 2023, Jensen was ordered to cease construction. During the stop work order, the structure was beyond the framing phase of construction.

“Builders hold responsibility for building the structure in the correct location and according to all of the city’s codes,” Kelly said. “This is a good first step in our raising awareness that there must be consequences for noncompliance.”

Kelley said Jensen submitted different sets of plans for the home to the city and the Architectural Control Committee (ACC) in Bella Vista.

“Builders are responsible for completing construction based on plans approved by the city and following all applicable codes and ordinances,” said planning manager Taylor Robertson. “The plans submitted and later approved by the city for this development did not show the house located in the setback,” she said.

Jensen then applied for a building variance from the city’s Board of Zoning Adjustment which was denied. He filed an appeal to the denial to the Benton County Circuit Court.

Jensen will receive the requested variance for the section of the home already built within the setback, allowing final construction at that address pending fulfillment of all other requirements.

However, Jensen is banned from the date of the agreement from building any newly contracted homes in the city for three years.

Jensen currently has sites permitted for new residential construction and plans under contract before the settlement that he will be allowed to complete.

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