boa_07 02 2020LITTLE ROCK BOARD OF ADJUSTMENT
SUMMARY OF MINUTES
JULY 2, 2020
4:00 P.M.
I.Roll Call and Finding of a Quorum
A Quorum was present being four (4) in number.
II.Approval of the Minutes of the Previous Meetings
The Minutes of the May 21, 2020 meeting were
approved.
Members Present: Frank Allison - Chairman
Austin Grinder
Joe Justus
Katherine Lashley
Members Absent: Richard Bertram-Vice Chair
City Attorney Present: Sherri Latimer
LITTLE ROCK BOARD OF ADJUSTMENT
AGENDA
JULY 2, 2020
4:00 P.M.
I.OLD BUSINESS:
No Old Business
II.NEW BUSINESS:
1.Z-6120-O 14201 Kanis Road
2.Z-9340-A 5404 Hawthorne Road
3.Z-9502 21 Irish Rose Circle
4.Z-9518 2712 N. Fillmore Street
5.Z-9519 118 N. Monroe Street
6.Z-9520 453 Valley Club Circle
7.Z-9521 5601 Scenic Drive
8.Z-9522 2322 N. Arthur Street
JULY 2, 2020
ITEM NO.: 1
File No.: Z-6120-O
Owner: Panther Branch, LLC
Applicant: White Daters & Assoc., Inc.
Address: 14201 Kanis Road
Legal Description: Part of the SE1/4 of Sec. 6, T-1-N, R-13W, Pulaski County, AR,
containing 1.60 Acres, more or less.
Zoned: C-1
Present Use: Undeveloped
Proposed Use: Multi-family residential
Variance Requested: Variance request from height and area provisions of Section 36-
299 to allow increased multi-family residential building height,
and reduced side yard setback in a C-1 district.
Justification: The applicant's justification is presented in attached letter dated
May 19, 2020.
STAFF REPORT
A.Engineering Issues:
No Comments.
B.Landscape and Buffer Issues:
1.Site plan must comply with the City's minimal landscape and buffer ordinance
requirements.
2.Property is zoned differently from the adjacent south and west properties and
would normally require screening and buffers adjacent to properties of a more
restrictive nature. Due to the expansion of the existing development to the west
into the subject property Staff recommends the continuation of the fence and
landscape standards of the original development.
3.All ground or roof mounted mechanical systems shall be screened from
abutting properties and streets. Any trash receptacles or pickup shall be
oriented away from a primary street side of the property and screened from the
public right-of-way.
JULY 2, 2020
ITEM NO.: 1 (CONT.) Z-6120-O
4.The City Beautiful Commission recommends preserving as many existing trees
as feasible on this site. Credit toward fulfilling Landscape Ordinance
requirements can be given when preserving trees of six (6) inch caliper or
larger.
C.Staff Analysis:
The C-1 zoned property is located at 14201 Kanis Road (subject site) is
undeveloped and contiguous with, and under the same ownership as, the fully
developed PD-R zoned property immediately west. The subject site is generally
flat and lies at a similar elevation as surrounding terrain. Access to the proposed
structure will occur internally via existing driveway on Kanis Road and on Panther
Branch Drive. The 1.6-acre subject site is unplatted.
The application proposes to construct a 30-unit apartment building generally
identical to the seven (7) existing dwelling structures on Lots 1 and 2, Panther
Branch Subdivision, immediately west. 49 new parking stalls will be constructed to
accommodate additional residents and guests. The proposed expansion will
generally complete the partially developed corner created by the intersection of
Kanis and Copper Orbit Roads. Access from public streets will remain unaltered.
Section 36-299(d) Height Regulations
Section 36-299(d) states, "No building hereafter erected or structurally altered shall
exceed a height of twenty-five (25) feet."
The proposed 35-foot height for the new building on the subject site exceeds the 25-
foot height normally allowed in the C-1 district. However, the proposed building will
conform with the existing seven buildings in the adjacent PD-R district, of which the
subject site is a component, all of which are 35 feet in height.
Section 36-299(e)(2) Side Yard
While the 25-foot setback lines along Kanis Rd. to the north and Cooper Orbit Rd.
to the south will be unimpeded, the typically required 8-foot interior side yard setback
in the C-1 district will be encroached upon by the proposed building.
Section 36-299(e)(2) states, "A side yard is not required, except where abutting
residential districts; then there shall be a side yard on that side of the building having
minimum width of ten (10) percent of the average width of the lot, not to exceed eight
(8)feet."
The proposed side yard setback encroachment will occur on the interior of the overall
development, between identical uses, on property under unified ownership. No
discernable impact upon adjacent properties will be created by reducing the side
yard setback.
Staff views the two variance requests as reasonable and is supportive for the above-
stated reasons.
2
JULY 02, 2020
ITEM NO.: 1 (CON'T.) Z-6120-O
D.Staff Recommendation:
Staff recommends approval of the requested/submitted height and setback
variances, subject to compliance with the Landscape and Buffer requirements
noted in paragraph B of the Staff Report.
Board of Adjustment (July 02, 2020)
The applicant was present. There were three (3) objectors present via webex. Staff
presented the application with a recommendation of approval.
Melanie Strigel addressed the Board in opposition of the application. She expressed
concerns related to the intersection of Kanis Road and Cooper Orbit Road, specifically a
traffic light to decrease accidents at the intersection. She also expressed concerns
related to flooding along Cooper Orbit Road. Chairman Frank Allison reminded
objectors that traffic and flooding concerns shall be addressed at time of building permit
and not discussed during Board of Adjustment Meeting.
lngemann Strigel addressed the Board in opposition of the application. He expressed
concerns related to the intersection of Kanis Road and Cooper Orbit Road, specifically a
traffic light to decrease accidents at the intersection. He also expressed concerns
related to flooding along Cooper Orbit Road. Chairman Frank Allison reminded
objectors that traffic and flooding concerns shall be addressed at time of building permit
and not discussed during Board of Adjustment Meeting.
Crystal Sparks addressed the Board in opposition of the application. Much of her
concerns were inaudible due to technical issues however a portion was audible in which
she expressed concerns for traffic backing up and flooding concerns. Chairman Frank
Allison reminded her traffic and flooding concerns shall be addressed at time of building
permit and not Board of Adjustment Meeting.
There was a motion to approve the application as recommended by staff, including all
staff comments and conditions. The item was seconded. The vote was 4 ayes, 0 noes
and 1 absent. The application was approved.
3
JULY 2, 2020
ITEM NO.: 2
File No.: Z-9340-A
Owner: Chase & Jacey Guthrie
Applicant: Jacey Guthrie
Address: 5404 Hawthorne Road
Legal Description: Lot 2, Block 6, Newton's Addition
Zoned: R-2
Present Use: Single-family Residence
Proposed Use: Single-family Residence
Variance(s) Requested: A variance is requested from the area provisions of Sec. 36-
254(d)(1) to reduce the required front yard (south) setback
from 25 feet to 19.5 feet (for porch, allowing also
for attached steps.)
And,
from the area provisions of Sec. 36-254(d)(2) to reduce
the required side yard ( east) setback from 5 feet to 3 feet.
Justification: The applicant's justification is presented in letter submitted at time of
May 12, 2020 application (attached.)
STAFF REPORT
A.Engineering Issues:
No Comments.
B.Staff Analysis:
The R-2 zoned property located at 5404 Hawthorne Road is occupied by a one-
story single-family residence, to which a second story is proposed to be added.
A large concrete automobile parking pad exists in the front yard, according to the
applicant's letter, to be partially removed at the time of the proposed home
renovation. Also according to the applicant letter, sidewalk from the front entrance
will be extended to the back of the Hawthorne Rd. curb, and the existing
turfed lawn area will increase.
The requested variances pertain to: expanding the existing front porch
covering [with no proposed second story above it] on the south side of the
house; creating a bay window spanning the ground and second floors, both within
the front yard setback; and creation of a covered porte cochere on the east side,
within the side yard setback. An existing single-car-width concrete driveway will
JULY 2, 2020
ITEM NO.: 2 (CON'T.) Z-9340-A
extend from the front of the home to serve the porte cochere, which will serve as a
car port.
Front Yard
Section 36-254(d)(1) states, "There shall be a front yard setback having a depth of
not less than twenty-five (25) feet."
The existing front porch lies entirely within the front yard setback, and the applicant
wishes to cover it (not place a second floor over it) as part of the renovation project.
This porch will in its entirety extend 7.1 feet into the front yard. The covering of the
porch, the pre-existing condition, and the placement of porches in front yards is not
out of character with many homes in the Heights environs. The proposed bay
window will extend only approximately 3 feet into the front yard setback, less than
the existing/proposed porch.
Side Yard
Section 36-254(d)(2) states, "There shall be a side yard set-back on each side of the
building having a width of not less than ten (10) percent of the average width of the
lot, not to exceed eight (8) feet."
The proposed 7.7-foot wide car port, or porte cochere, will extend eastward into
the 5-foot sideyard by 2 feet, leaving 3 feet unencumbered. The car port will not
be enclosed and will remain separated from the adjacent property by an existing
privacy fence. Said side encroachment, as well as the proposed side carport, will
be similar to numerous nearby properties.
No objections to the proposed improvements by neighboring property owners are
known as of this writing. Staff views the two variance requests as reasonable and
is supportive for the above-stated reasons.
Additional Consideration
Section 30-43(a)(2)a. states, "No driveway shall be constructed within five (5) feet
of a line drawn from the point of intersection of a property line with the right-of-way
line of a street and perpendicular to the centerline of the street, except where
property abuts an alley the minimum distance shall be ten (10) feet."
This existing driveway lies just over one foot from the east property line (extended,)
yet poses no interference with the adjacent property to the east and is, therefore,
approved as a non-conforming existing condition.
C.Staff Recommendation:
Staff recommends approval of the requested/submitted front yard and side yard
setback variances, per survey/site plan submitted by applicant on May 12, 2020,
with the following conditions:
2
JULY 2, 2020
ITEM NO.: 2 (CON'T.) Z-9340-A
•Covered front porch shall remain unenclosed on its east, south and west sides.
•Porte cochere shall be unenclosed on its north, east and south sides.
Note:
Prior to any work in the Hawthorne Road right-of-way, plans for parking slab
renovation and/or sidewalk construction must be submitted and approved by
Planning & Development Engineering. Contact Vince Floriani, PE (501)371-4817.
Board of Adjustment (July 02, 2020)
The applicant was present. There were no persons registered in support or opposition.
Staff presented the item and recommendation of approval as outlined in the "staff
recommendation" above. There was no further discussion. The item was placed on the
consent agenda and approved as recommended by staff, including all staff comments
and conditions. The vote was 4 ayes, 0 noes and 1 absent. The application was
approved.
3
JULY 2, 2020
ITEM NO.: 5
File No.: Z-9519
Owner: Henry Rice
Applicant: Henry Rice
Address: 118 N. Monroe Street
Z-9519
Legal Description: S. 50' of the N. 100' of Block 5, Howard Adam's Addition
Zoned: R-3
Present Use: Single Family Residential
Proposed Use: Single Family Residential
Variance Requested: Variance request from area regulations of Section 36-
255(d)(1) to allow reduced single-family residential front yard
setback in an R-3 district from 25 feet to 15.41 feet.
Justification: The applicant's justification is presented in attached letter dated
May 4, 2020.
STAFF REPORT
A.Engineering Issues:
No Comments.
B.Staff Analysis:
The R-3 zoned property located at 118 N. Monroe Street is occupied by an east
facing one-story, predominantly vinyl clad single-family residence. A single car
width concrete driveway exists along the north lot boundary; the driveway extends
from the street to an existing framed storage building situated near the rear of the
property.
This single-family zoning district features 25-foot front and rear yards with primarily 5-
foot side yards.
The applicant proposes to renovate the front facade by replacing existing vinyl siding
and fireplace with wood and stone veneer, and by constructing a nine (9) foot deep by
17-foot wide bungalow-style front porch with pediment, roof and support columns.
The proposed covered porch will be open on three sides and only slightly elevated
above surrounding grades.
JULY 2, 2020
ITEM NO.: 5 (CONT.) Z-9519
Section 36-255(d)(1) states, "There shall be a front yard setback having a depth of
not less than twenty-five (25) feet." The pre-existing home is constructed 24.41 feet
from the front lot line, therefore the nine (9) foot deep porch is proposed to extend
9.59 feet into the front yard, leaving 15.41 feet of front yard unencumbered. Across
the street, 115 and 117 Monroe St. homes measure between 15 and 20 feet
from their front property lines, as do numerous homes in this, the Midtown Design
Overlay District.
Staff views the request as reasonable, an improvement to existing conditions,
compatible with nearby residences and the neighborhood as a whole, and is therefore
supportive of the requested reduced front yard setback for the reasons previously
stated in this report.
C.Staff Recommendation:
Staff recommends approval of the reduced front setback line variance as submitted.
Board of Adjustment (July 02, 2020)
The applicant was present. There were no persons registered in support or opposition.
Staff presented the item and recommendation of approval as outlined in the "staff
recommendation" above. There was no further discussion. The item was placed on the
consent agenda and approved as recommended by staff, including all staff comments
and conditions. The vote was 4 ayes, 0 noes and 1 absent. The application was
approved.
2
JULY 2, 2020
ITEM NO.: 6 Z-9520
File No.: Z-9520
Owner: Kevin and Jacquelyn Yarbrough
Applicant: Brian Dumont, Dumont Construction
Address: 453 Valley Club Circle
Legal Description: Lot 2, Block 4 of Pleasant Valley Addition
Zoned: R-2
Present Use: Single Family Residential
Proposed Use: Single Family Residential
Variance Requested: Variance request from the height provision of Sec. 36-516 to
allow increased fence height outside of a 40-foot platted
building line.
Justification: The applicant's justification is presented in attached letter dated
May 14, 2020.
STAFF REPORT
A Engineering Issues:
No Comments.
B.Staff Analysis:
The R-2 zoned property located at 453 Valley Club Circle is occupied by an east
facing one-story, stone and wood clad single-family residence. A loop drive (not
relevant to the subject application) connects the primary entrance of the home to
Valley Club Circle and to Tam-O-Shanter Court. A two-car width concrete driveway
connects Tam-O-Shanter Court to an attached two-car garage on the south side of
the house. To the southwest/rear of the residence, a wood fence is proposed, a
portion of which will extend to Tam-O-Shanter Court and encroach the 40-foot
platted building line along Tam-O-Shanter Court.
The applicant proposes to install a 6-foot high pine fence with wood trim, "box" style
columns and caps, all generally within the rear yard, southwest of the home. A
variance is requested to allow extraordinary fence height outside the platted 40-foot
side building line to the south.
Under typical circumstances, in the R-2 zoning district, side yard setbacks are to
have "a width of not less than ten (10) percent of the average width of the lot, not to
exceed eight (8) feet." However, due to the 40-foot platted building line, the property
JULY 2, 2020
ITEM NO.: 6 (CON'T.) Z-9520
has an effective setback of 40 feet (five times that of a normal setback in the R-2
district.)
Section 36-516(e)(1)a. states, "Between a required building setback line and a street
right-of-way, the maximum height shall be four (4) feet. Other fences may be erected
to a maximum height of eight (8) feet."
Recent text amendments to the City Code include an increase in allowable fence
height from 6 feet to the above-stated 8 feet. The applicant proposes a six (6)
foot high fence throughout, including the portions of the subject property outside of
the building line where the fence would otherwise be limited to 4 feet in height.
Notes:
A significant stand of mature shrubs exists parallel and in front of the proposed Tam-
O-Shanter Court fence alignment. This existing vegetation will screen the majority
of the proposed fence from public view.
Staff conferred with Engineering and conducted a site visit to ensure no effective
sight distance violations are created by the proposed fence.
The applicant provided signatures of nearby owner/residents in support of this
application.
For the reasons previously stated in this report, staff views the request
as justifiable, compatible with nearby residences and the neighborhood as a
whole, and is supportive of the requested fence height variance, allowing a six (6)
foot high fence between the required side building setback line and the Tam-O-
Shanter Court right-of-way line.
C.Staff Recommendation:
Staff recommends approval of the fence height variance request, with the following
condition:
The proposed six (6) foot high wood fence shall be constructed no closer than
eight (8) feet to the Tam-O-Shanter Court right-of-way line.
Board of Adjustment (July 02, 2020)
The applicant was present. There were no persons registered in support or opposition.
Staff presented the item and recommendation of approval as outlined in the "staff
recommendation" above. There was no further discussion. The item was placed on the
consent agenda and approved as recommended by staff, including all staff comments
and conditions. The vote was 4 ayes, 0 noes and 1 absent. The application was
approved.
2
JULY 2, 2020
ITEM NO.: 7 Z-9521
File No.: Z-9521
Owner: Scenic Woods, LLC
Applicant: Ellen Yeary, Yeary Lindsey Architects
Address: 5601 Scenic Drive
Legal Description: Lot 1-2R, Block 2, East Palisades Addition
Zoned: R-2
Present Use: Vacant/undeveloped
Proposed Use: Single-family Residence
Variance(s) Requested: A variance is requested from the area provisions of Sec. 36-
254(d)(1) to reduce the required front yard (south) setback from
25 to 15 feet for a principal residential building and from 25 to five
feet for a proposed carport.
And,
from the building line provisions of Sec. 31-12(b) to cross an established building setback
line.
Justification: The applicant's justification is presented in a May 18, 2020 letter (attached.)
STAFF REPORT
A.Engineering Issues:
The proposed home shows to be downstream of the existing flowline of the
36" storm water pipe. Provide grading and drainage plan to provide safe diversion of
pipe discharge, to prevent potential damage to new structure.
B.Staff Analysis:
The R-2 zoned property located at 5601 Scenic Drive is wooded, vacant and
extraordinarily steep, as is common among ridgeline neighborhoods parallel and
adjacent to the Arkansas River Valley. Development of this site will require
extraordinary foundation work to elevate a residential dwelling to a height sufficient for
driveway access to Scenic Drive, which lies approximately 14 feet higher than the
home site elevation.
The requested variances pertain to locating the carport and home as near as
possible to Scenic Drive. This will shorten the span of the bridge-
like structure needed to access the carport and home, while keeping said
structure outside of the Scenic Drive right-of-way.
JULY 2, 2020
ITEM NO.: 7 (CONT.) Z-9521
Front Yard
Section 36-254(d)(1) states, "There shall be a front yard setback having a depth of
not less than twenty-five (25) feet."
As suggested above, properties along Scenic Drive, nearby Scenic Boulevard and
Scenic Point tend to be extremely steep, requiring residences to be "pushed" as close
to the adjacent street as possible (without encroaching street right-of-way.)
Building Line Encroachment
Section 31-12(b) states, "Building line variances. In those instances where a recorded
subdivision plat has established building setback lines in accordance with this chapter
variances of those lines shall only be granted by the Board of Adjustment."
In staff's opinion, this building line encroachment request is a technical matter,
necessarily accompanying the above-described front yard setback
reduction request. An expressed requirement for encroachment of a platted building
line is to replat the subject property to reflect the approval of the building line
encroachment, at the owner's expense.
No objections to the proposed improvements by neighboring property owners are
known as of this writing. Staff views the two variance requests as reasonable, and in
this instance as a benefit to surrounding homeowners by prospective occupancy and
maintenance of a historically vacant property.
Additional Consideration
Planning and Development Engineering has reviewed the proposed plan relative to
stormwater management considerations. Subsequently, the applicant and consulting
engineer have agreed to submit stormwater improvement plans for Engineering
approval, prior to issuance of a building permit for the residential structure. (On June
16, 2020 the applicant submitted a revised site plan in response to stated Engineering
concerns.)
C.Staff Recommendation:
Staff recommends approval of the requested front yard reduction and front building
line variances as submitted, per survey/site plan submitted by applicant on May 19,
2020, with the following conditions:
•The proposed carport will be unenclosed on its east, south and west sides.
•The applicant shall submit stormwater improvement plans for Engineering
approval, prior to issuance of a building permit for the residential structure.
•The owner shall replat the subject lot to reflect the above-described platted building
line change.
2
JULY 2, 2020
ITEM NO.: 7 (CON'T.) Z-9521
Board of Adjustment (July 02, 2020)
The applicant was present. There were no persons registered in support or opposition.
Staff presented the item and recommendation of approval as outlined in the "staff
recommendation" above. There was no further discussion. The item was placed on the
consent agenda and approved as recommended by staff, including all staff comments
and conditions. The vote was 4 ayes, 0 noes and 1 absent. The application was
approved.
3
JULY 2, 2020
ITEM NO. 8 Z-9522
File No.: Z-9522
Owner: Sarah Henry (listed as "Presidential Properties, LLC")
Applicant: Ellen Yeary, Yeary Lindsey Architects
Address: 2322 N. Arthur Street
Description: Lot 12, Block 6, Altheimer Addition
Zoned: R-2
Variance Requested: A variance is requested from the area provisions of Section 36-254
to allow a residence with a reduced rear yard setback.
Justification: The applicant's justification is presented in an attached letter, dated May 18,
2020.
Present Use of Property: Single Family Residential
Proposed Use of Property: Single Family Residential
STAFF REPORT
A.Engineering Issues:
No Comments.
B.Staff Analysis:
The R-2 zoned property located at 2322 N. Arthur Street is occupied by a one-
story single family residence, situated at the southwest corner of N. Arthur Street and
Hawthorne Road. A small one-story accessory garage is
located approximately one foot from the rear (west) property line and an immediately
adjacent 12-foot paved alley right-of-way. An existing two-car-width concrete parking
pad on the north side of the residence, partially within the Hawthorne Road right-of-way,
will be removed.
The applicant proposes to demolish the existing house and accessory building and
construct a two-story single family residence, as noted on the attached site plan. The
proposed residential structure is to be located 25 feet from the front (east) property line,
five feet from the interior side (south) property line, and varying distances from
the Hawthorne Road (north) property line (6.5 feet at its nearest point.) The new
residence is proposed to be located three feet from the rear (west) property line. The
western portion of the residence will contain a two-car garage, to be accessed via
the aforementioned paved alley along the west property line.
JULY 2, 2020
ITEM NO. 8 (CONT.) Z-9522
Section 36-254(d)(3) of the City's Zoning Ordinance requires a minimum rear setback
of 25 feet for this R-2 zoned lot, and the applicant is requesting a variance to allow a rear
yard setback reduction to three feet.
Staff is supportive of the requested variance to allow a reduced rear setback for the
proposed residential structure. The proposed lot coverage is compatible with other lots
throughout the Heights neighborhood where new homes or large additions to existing
homes have been constructed. The proposed lot massing resembles nearby properties
with attached garages as well as detached accessory structures. Notably, if an
accessory (detached) garage structure were proposed upon the subject site, a zero
setback from the rear property line would be permitted due to the presence of the alley
right-of-way. The proposed residence and reduced rear setback will likely have no
adverse impact on adjacent properties or the overall neighborhood.
C.Staff Recommendation:
Staff recommends approval of the requested rear setback variance, with the condition
that no accessory structures be located on the subject property.
Board of Adjustment (July 02, 2020)
The applicant was present. There were no persons registered in support or opposition.
Staff presented the item and recommendation of approval as outlined in the "staff
recommendation" above. There was no further discussion. The item was placed on the
consent agenda and approved as recommended by staff, including all staff comments
and conditions. The vote was 4 ayes, 0 noes and 1 absent. The application was
approved.
2
JULY 2, 2020
ITEM NO.: 3
File No.: Z-9502
Owner: Colin Ready
Applicant: Colin Ready
Address: 21 Irish Rose Circle
Legal Description: Lot 29, Irish Spring Estates
Zoned: R-2
Present Use: Single-family Residence
Proposed Use: Single-family Residence
Z-9502
Variance(s) Requested: A variance is requested from the building line provisions of
Sec. 36-254(d)(1) to reduce the required front yard
setback from 25 feet to 17 feet.
Justification: The applicant's justification is presented in a May 11, 2020 email
accompanying the variance application. Via June 12 telephone and
email, applicant has altered the request as described below.
STAFF UPDATE:
The applicant has withdrawn this item from consideration by the Board of Adjustment.
Board of Adjustment (July 02, 2020)
Staff informed the Board that the applicant had withdrawn this item from consideration
by the Board of Adjustment. The item was placed on the consent agenda. The vote
was 4 ayes, 0 noes and 1 absent. The application was withdrawn.
JULY 2, 2020
ITEM NO.: 4 Z-9518
File No.: Z-9518
Owner: Kristen and Carlton Saffa
Applicant: Kristen Saffa
Address: 2721 N. Fillmore Street
Legal Description: Lot 1, Block 17, Park View Addition
Zoned: R-2
Present Use: Single-family Residence
Proposed Use: Single-family Residence
Variance Requested: A variance is requested to Sec. 36-156(a)(2)c. to allow an
accessory building to occupy more than 30 percent of the
required rear yard area.
Justification: The applicant's justification is presented in a letter submitted with the
May 13, 2020 application. Note: At staff request, the applicant has
subsequently significantly altered proposed plans, eliminating the need for
three of the four initially applied-for variances.
STAFF REPORT
A.Engineering Issues:
No driveway shall be constructed within five (5) feet of a line drawn from the point
of intersection of a property line with the right-of-way line of a street and
perpendicular to the centerline of the street. The applicant has agreed not to place
the driveway nearer than five feet to the east property line.
B.Landscape and Buffer Issues:
No comments.
C.Staff Analysis:
The R-2 zoned property located at 2721 N. Fillmore Street is occupied by a one
story single-family residence with an existing integral 180sf carport and 100sf shed
in the rear yard. The current one-car carport/shed is open on three sides
and oriented toward Z Street, a "side street" providing access to other driveways and
garages on the block (no houses front this block of Z Street.). The existing driveway
JULY 2, 2020
ITEM NO.: 4 (CONT.) Z-9518
to the carport/shed is approximately 8 feet long (too short to accommodate parked
automobiles,} while the proposed drive will be lengthened to roughly 18 feet.
The requested variance is intended to accommodate an enclosed two-car garage
and a second story multi-purpose space (i.e., play room, workout space, temporary
guest space, etc.)
Rear Yard Coverage
Section 36-156(a)(2)c. states, "Accessory buildings or structures in the R-1 through
R-4A districts ... may not occupy more than thirty (30) percent of the required rear
yard area." The proposed detached garage will accommodate two cars and ground
floor storage space, and upstairs finished space, in character with the detached
garage directly across the Z Street, as well as with numerous other
similar residential lots in the general vicinity and throughout the Heights
neighborhood. The proposed building falls within all required setback lines, and will
provide three more off-street parking spaces than currently exist.
According to code, allowable rear yard coverage is 337.5 S.F. (30.0 percent.) The
subject improvements will generate required rear yard coverage of 594.0 S.F. (52.8
percent.) This coverage is, again, similar to at least one nearby property and
to numerous other properties throughout the neighborhood.
No objections to the proposed improv ements by neighboring property owners are
known as of this writing. Staff views the variance request as reasonable and is
supportive for the above-stated reasons.
D.Staff Recommendations:
Staff recommends approval of the requested variance, per survey/site plan
submitted by on June 22, 2020 (dated May 6, 2020,) with the following conditions:
•The driveway shall be placed no closer than five feet to the east/rear property
line.
•The accessory building may not be used as a rented or leased dwelling unit.
Board of Adjustment (July 02, 2020)
Staff recommended deferral of this item due to failure to mail property owner notice as
required by the Board. The item was placed on the consent agenda for deferral. The
vote was 4 ayes, 0 noes and 1 absent.
2
DATE: Q'/. 01. .2-010
MEMBER
ALLISON, FRANK
BERTRAM, RICHARD
GRINDER, AUSTIN
JUSTUS, JOE
LASHLEY, KATHERINE
TIME IN AND TIME OUT
ALLISON, FRANK
BERTRAM, RICHARD
GRINDER, AUSTIN
JUSTUS, JOE
LASHLEY, KATHERINE
✓ AYE •NAVE
BOARD OF ADJUSTMENT VOTE RECORD
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A ABSENT
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AB ABSTAIN
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✓
R RECUSE
Meeting Adjourned '-r.' .23 P.M.
JULY 2, 2020
There being no further business before the Board, the meeting was adjourned at 4:23 p.m.
Date:
Chairman Secretary