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boa_12 15 2022LITTLE ROCK BOARD OF ADJUSTMENT SUMMARY OF MINUTES DECEMBER 15, 2022 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 November 17, 2022 meeting of the Board of Adjustment Members Present: Frank Allison — Chairman Austin Grinder — Vice Chair Richard Bertram James Harkins Members Absent: Jeremiah Russell City Attorney Present: Sherri Latimer LITTLE ROCK BOARD OF ADJUSTMENT AGENDA PROCEDURE DECEMBER 15, 2022 4:00 P.M. I. Roll Call and Finding of a Quorum II. Approval of the Minutes of the November 17, 2022 meeting of the Board of Adjustment III. Presentation of Consent Agenda IV. Presentation of Hearing Items LITTLE ROCK BOARD OF ADJUSTMENT ABBREVIATED AGENDA DECEMBER 15, 2022 4:00 P.M. I. OLD BUSINESS: A. Z-9730 91 Orle Circle II. NEW BUSINESS: 1. Z-3371-G(3) 516 Colonel Glenn Plaza Loop 2. Z-8022-A 17100 Chenal Parkway 3. Z-9195-B 2821 North Pierce Street 4. Z-9736 1024 North Palm Street 5. Z-9740 95 Fallstone Drive 6. Z-9741 713 North Beechwood Street 7. Z-9743 523 East 18th Street 8. Z-9744 4922 Stonewall Road DECEMBER 15, 2022 ITEM NO.: A Z-9730 File No.: Z-9730 Owners: Reddy Sanjeeva Onteddu & Sukanthi Kovvuru Applicant: Hemachand Atluri — HRPG HOMES LLC Address: 91 Orle Circle Legal Description: Lot 44, Block 113 of Chenal an Addition to the City of Little Rock, Pulaski County, Arkansas Zoned: R-2 Variance(s) Requested: A variance is requested from the building line regulations of Sec. 31-12 to allow the encroachment of structure across a platted building line. A variance is requested from the area provisions of Section 36- 156(a)(2)(f) to allow an accessory building with a reduced setback from a side and rear yard property line. Justification: The applicant's justification is presented in an attached Present Use: Vacant Proposed Use: Single-family Residence STAFF UPDATE On November 9, 2022 the applicant requested this application be deferred until December 15, 2022. Staff supports the deferral request. Board of Adjustment (NOVEMBER 17, 2022) The applicant was not present. There were no persons present registered in opposition. Staff informed the Board that on November 9, 2022, the applicant requested the application be deferred to the December 15, 2022 meeting. Staff supports the deferral request. There was no further discussion. The item remained on the Consent agenda for deferral as recommended by staff. The vote was 4 ayes, 0 nays and 1 absent. STAFF UPDATE The application needs to be deferred to the January 19, 2023 Agenda, as there is additional information the applicant needs to submit to staff, so that staff can adequately review the application. 1 DECEMBER 15, 2022 ITEM NO.: A (CON'T.) Z-9730 Board of Adjustment (DECEMBER 15, 2022) The applicant was not present. There were no persons present registered in opposition. Staff presented the application to the Commission and stated it supported the applicants request to defer the application to the February 16, 2023 meeting. Staff supports the deferral request. There was no further discussion. The item remained on the Consent agenda for deferral as recommended by staff. The vote was 4 ayes, 0 nays and 1 absent. 2 DECEMBER 15, 2022 ITEM NO.: 1 File No.: Z-3371-G (3) Owner: IndiGO Properties Arkansas, LLC Applicant: Mark Redder Address: 516 Colonel Glenn Plaza Loop Legal Description: East side of Colonel Glenn Plaza Loop, south of Colonel Glenn Plaza Drive. Zoned: C-4 Variance(s) Requested: A variance is requested area provisions of Section 36-156(a)(2)d to allow a retaining wall accessory structure with a reduced side setback. Justification: The applicant's justification is presented in an attached letter. Present Use: Vacant Proposed Use: Automotive Dealership STAFF REPORT A. Planning and Development Civil Engineering Comments: No comments required. B. Landscape and Buffer Comments: No comments required. C. Building Codes Comments: No comments required. D. Staff Analysis: The C-4 zoned property located at 516 Colonel Glenn Plaza Loop is currently vacant, but the developer has submitted plans to construct an automotive dealership at the site (Little Rock Porsche). The surrounding area is all commercial uses, and, the site in question, abuts Interstate 430 to the east. The applicant is proposing to place a retaining wall structure closer to the boundary line than the required 6-foot side setback line for structures. They wish to place the wall at 3.5 feet from the boundary line. There are existing parking lots on both sides of the property, and the property is an oddly shaped long and narrow lot. If the applicant was to conform with the setback requirement, this would hinder the ability of 1 DECEMBER 15, 2022 ITEM NO.: 1 (CON'T.) Z-3371-G(3) the developer to provide adequate parking at the facility. At the site, there are also substantial grade changes needed to provide safe parking lot slopes for pedestrian and vehicular travel. Section 36-156 (a)(2)d states that accessory structures in C-1 through C-4 zoning shall not be located closer than six (6) feet to a side property line. Therefore, the applicant is seeking to encroach 2.5 feet into this side setback requirement. Staff is supportive of the requested side setback variance to install a retaining wall at the site. Staff views the request as reasonable. The wall will be located mainly at the eastern end of the property adjacent to the interstate, and staff views this request as minor in nature and feels that the reduced side setback will have no adverse impact on the surrounding properties. E. Staff Recommendation: Staff recommends approval of the requested side setback variance, subject to the descriptions and any conditions in the "staff analysis," and the following conditions: 1. A building permit being obtained for all construction. 2. Abide by all site development requirements for C-4 zoned properties. Board of Adjustment (DECEMBER 15, 2022) The applicant was present. There were no persons present registered in opposition. Staff presented the application to the Commission and stated it recommended the side yard setback variance be approved with conditions as per the staff report. There was a consent motion to approve the application. The application was approved on consent. The vote was 4 ayes, 0 nays and 1 absent. 2 DECEMBER 15, 2022 ITEM NO.: 2 Z-8022-A File No.: Z-8022-A Owner: K-Mac Enterprises, Inc. Applicant: Condray Signs / Keri Stewart Address: 17100 Chenal Parkway Description: Lot 3, Chenal / Kanis Addition Zoned: C-3 Variance(s) Requested: A variance is requested from the sign provisions of Section 36- 557 to allow wall signs without street frontage. Justification: The applicant's justification is presented in an attached letter. Present Use: Fast Food Restaurant (under construction) Proposed Use: Fast Food Restaurant STAFF REPORT A. Planning and Development Civil Engineering Comments: No comments required B. Landscape and Buffer Comments: No comments C. Building Codes Comments: No comments required D. Staff Analysis: The C-3 zoned property located at 17100 Chenal Parkway is occupied by a fast food restaurant (Whataburger) which is currently under construction. The proposed building will be located within the north half of the lot, with paved parking on the south and west sides of the building. Chenal Parkway is located along the west property frontage, with a commercial street located along the south property boundary. A paved drive-thru lane extends from the parking to drive-thru windows on the north side of the building. Shared access drives from Chenal Parkway and the commercial street to the south serve the property. 1 DECEMBER 15, 2022 ITEM NO.: 2 CON'T. Z-8022-A The applicant received sign permits for wall signs on the west (Chenal Parkway) and south (commercial street) building facades and a ground sign along the Chenal Parkway frontage. The applicant is also requesting wall signs on the north and east sides of the building. The applicant is proposing two (2) wall signs on the north building facade and one (1) wall sign on the east building facade. The wall signs on the north building facade will be 15.3 square feet and 34 square feet in area. The wall sign on the east facade will be 15.3 square feet in area. The proposed signs on the north and east building facades will occupy far less than ten (10) percent of the facade areas. Section 36-557(a) of the City's Zoning Ordinance requires that all wall signs face street frontage. Therefore, the applicant is requesting a variance to allow the proposed wall signs on the north and east building facades, which have no direct street frontage. Staff is supportive of the requested variance. Staff views the request as reasonable. The proposed wall signs on the north and east building facades will be visible by southbound traffic on Chenal Parkway and westbound traffic on the adjacent commercial street to the south respectively. Therefore, the signs will aid in identifying the business. Additionally, the proposed signs are very small in nature and should have no adverse impact on the adjacent properties. E. Staff Recommendation: Staff recommends approval of the requested variance to allow wall signs without street frontage, subject to the descriptions and any conditions contained in the "staff analysis". Board of Adjustment (DECEMBER 15, 2022) The applicant was present. There were no objectors present. Staff presented the application to the Commission and stated it recommended to allow the wall signs without street frontage variance be approved with conditions as per the staff report. There was a consent motion to approve the application. The application was approved on consent. The vote was 4 ayes, 0 nays and 1 absent. 2 DECEMBER 15, 2022 ITEM NO.: 3 Z-9195-B File No.: Z-9195-B Owners: Jeff Fuller Homes, LLC Applicant: Jeff Fuller Address: 2821 N. Pierce Street Legal Description: Lot 1 R, Replat of Lots 1, 2 & 3 Block 15 Zoned: PD-R Variance(s) Requested: A variance is requested from the area provisions of 36-156 to allow a retaining wall (accessory structure) with reduced setbacks from side and rear yard property lines. Justification: The applicant's justification is presented in an attached letter. Present Use: Single-family Residence Proposed Use: Single-family Residence STAFF REPORT: A. Planning and Development Civil Engineering Comments: No Comments. B. Landscape and Buffer Comments: In October 2020 the City adopted the "Heights Landscape Design Overlay District," requiring installation of one (1) tree per forty (40) linear feet of street frontage within the Heights District Boundary, applicable to [among other types] residential construction in excess of 600 square feet. C. Building Codes Comments: No comments required. D. Staff Analysis: The site was previously platted as Lots 1, 2, and 3, Block 15, Parkview Addition to the City of Little Rock, Pulaski County Arkansas These parcels were zoned R-3 and occupied by a single-family home that spanned over the three lots. In 2017 the owner of the properties petitioned the Little Rock Planning Commission to rezone the properties to PD-R to allow for the construction of a new home on each of the individual parcels. The original home was removed, and the owner constructed one 1 DECEMBER 15, 2022 ITEM NO.: 3 (CON'T.) Z-9195-B home on Lot 3 but did not develop the remaining two lots as planned. Lots 1 and 2 have since been sold and a new single-family home was constructed which currently occupy both Lots. The new residence contains a four (4) car driveway taking access from Ampersand Street. The applicant recently obtained a building permit to build a wall approximately three (3) feet from the rear (east) property line. The applicant now proposes to build and expand the retaining wall to sit on the property line. The applicant also proposes to extend the retaining wall to extend along the side (south) property line. The proposed retaining wall will have a setback of zero (0) feet from the rear and side property lines. Section 36-156(f) of the City's Zoning Ordinance states, "accessory buildings shall maintain at least a three (3) foot setback from any side or rear yard property line except where said rear yard abuts on a dedicated alley. No setbacks shall be required for an accessory building upon the alley." Therefore, the applicant is requesting a variance to allow the retaining wall with reduced rear and side yard setbacks. Staff is supportive of the reduced side and rear yard setback variance. Staff views the request as reasonable. By building the retaining wall along the rear (east) property line and side (south) will allow the slope of the property to take advantage of the topography of the lot's natural drainage towards the southeast corner of the property and enable a resolution to divert the stormwater to Pierce Street via a drainage system to be installed by the contractor. This will allow the property owner to resolve all of the current stormwater issues instead of a partial fix. Staff views the variance as very minor in nature and feels the reduced side and rear yard setbacks will have no adverse impact on the surrounding properties. E. Staff Recommendation: Staff recommends approval of the requested side and rear yard variance, subject to the descriptions and any conditions in the "staff analysis," and the following conditions: 1. A building permit being obtained for all construction. 2. Install trees, if deemed applicable at the time of building permit, in accordance with the Heights Design Overlay District requirements. Board of Adjustment (DECEMBER 15, 2022) The applicant was present. There were no persons present registered in opposition. Staff presented the application to the Commission and stated it recommended the rear and side yard setback variance be approved with conditions as per the staff report. There was a consent motion to approve the application. The application was approved on consent. The vote was 4 ayes, 0 nays and 1 absent. 2 DECEMBER 15, 2022 ITEM NO.: 4 Z-9736 File No.: Z-9736 Owner: John & Kimberly Gillum Applicant: Christi Willson Address: 1024 N. Palm Street Legal Description: Lot 1, Block 1, Hillcrest Addition Zoned: R-2 Variance(s) Requested: A variance is requested from the area provisions of Section 36-254 to allow a residence with a reduced side yard setback. Justification: The applicant's justification is presented in an attached letter. Present Use: Single -Family Residence Proposed use: Single -Family Residence STAFF REPORT: B. Planning and Development Civil Engineering Comments: No comments required. B. Landscape and Buffer Comments: No comments. C. Building Codes Comments: No comments required. D. Staff Analysis: The R-2 zoned property located at 1024 N. Palm Street is occupied by a two-story single-family residence. The property is located at the southwest corner of N. Palm Street and Kenyon Street. The survey indicates a lot width of 50 feet and a depth of 155 feet. The residence is set over 25 feet from the front (east) property line, 5.9 feet from the south property line, 15.3 feet from the north property line and over 25 feet from the rear (south) property line. As part of the improvement to the residence, the applicant will construct a 181 square foot covered porch on the north side of the residence adjacent to the proposed carport and a 384 square foot screened in porch in the rear of the residence. Both covered porch additions will be connected to the residence, however, they will have no bearing regarding the requested variance as they comply with required minimum setbacks in the R-2 zoning district. 1 DECEMBER 15, 2022 ITEM NO.: 4 (CON'T.) Z-9736 The applicant is proposing to construct a 390 square foot carport that will be connected along the north side of the residence. The carport will be accessed by a concrete driveway along Kenyon Street and will be 0.3 to one (1) foot from the street side (north) property line. Section 36-254(d)(2) of the City's Zoning Ordinance requires a minimum side yard setback of five (5) feet for the principal structure on this R-2 zoned lot. Therefore the applicant is requesting a variance to allow the covered carport attached to the principal structure with reduced side yard setback of 3 feet. The proposed additions have been reviewed and comply with the Hillcrest Design Overlay District requirements. Staff is supportive of the requested side yard setback variance. Staff views the request as reasonable. The covered porch along the north side and in the rear of the residence is allowed by right as they comply with the minimum required side and rear yard setbacks. Staff views the variance as very minor in nature and feels the reduced side yard setback will have no adverse impact on the surrounding properties. E. Staff Recommendation: Staff recommends approval/denial of the requested side yard setback variance, subject to the descriptions and any conditions in the "staff analysis", and the following conditions: 1. A building permit being obtained for all construction. 2. The carport addition must remain unenclosed on its north, east and west sides. Board of Adjustment (DECEMBER 15, 2022) The applicant was present. There were no persons present registered in opposition. Staff presented the application to the Commission and stated it recommended the side yard setback variance be approved with conditions as per the staff report. There was a consent motion to approve the application. The application was approved on consent. The vote was 4 ayes, 0 nays and 1 absent. 2 DECEMBER 15, 2022 ITEM NO.: 5 Z-9740 File No.: Z-9740 Owner: Ahmad Tarawneh Applicant: Ahmad Tarawneh Address: 95 Fallstone Drive Legal Description: Lot 46, Block 136, Chenal Valley "Fallstone Court" Zoned: R-2 Variance(s) Requested: Variances are requested from the height and area provisions of Section 36-516 to allow an increased fence height from four (4) feet to six (6) feet between a required building setback line and a street right-of-way. Justification: The applicant's justification is presented in an attached letter. Present Use: Single -Family Residence Proposed Use: Single -Family Residence STAFF REPORT: A. Planning and Development Civil Engineering Comments: No comments required. B. Landscape and Buffer Comments: No comments. C. Building Codes Comments: No comments required. D. Staff Analysis: The R-2 zoned property located at 95 Fallstone Drive is occupied by a single-family residence. The survey indicates a lot width of 93 feet and a depth of 129 feet. The residence is set over 25 feet from the front (east) property line, 25 feet from the south property line, over 31 feet from the north property line, and over 18 feet from the rear (west) property line. The house is constructed within the building setback lines of the property with a 5- foot utility easement along the perimeter of the north property line. The applicant is proposing to construct a privacy fence, 6-foot in height on the northeast, north, west south, and southeast sides of the property's rear yard area. 1 DECEMBER 15, 2019 ITEM NO.: 5 (CON'T.) Z-9740 The sketch provided indicates that the fence will begin at the north wall of the residence and run approximately 32-feet north to the property line before turning west and traveling approximately 40-feet. The fence is shown to then turn south and travel for 115-feet. The fence then turns east along the south edge of the property for 50-feet, then turns north for 10-feet terminating at the south side of the residence. The proposed fence along the south and southeast perimeters of the property falls between the building setback line and the street right-of-way. Section 36-516 (e)(1)(a) of the City's Zoning Ordinance states that the residential fence standards; "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." Therefore, the applicant is requesting a variance to allow a privacy fence to a height to six (6) feet between the building setback line and a street right-of-way. Staff is supportive of the requested fence height variance. Staff views the request as reasonable and the variance request to generally be in conformance with the development pattern in the area and notes that other residential side and rear yards allow the construction of fences to a height of eight (8) feet. The proposed fence will essentially enclose the rear yard portion of the property. It is also noted that existence of side yard fences exceeding four (4) feet in height adjacent to street rights -of -way are not uncommon within the area. E. Staff Recommendation: Staff recommends approval of the requested fence height variance to allow a privacy fence to be constructed to a height of 6-feet between the required building setback and the street right-of-way as per the staff analysis and submitted survey / site plan. Board of Adjustment (DECEMBER 15, 2022) The applicant was present. There were no persons present registered in opposition. Staff presented the application to the Commission and stated it recommended the fence height variance be approved with conditions as per the staff report. There was a consent motion to approve the application. The application was approved on consent. The vote was 4 ayes, 0 nays and 1 absent. 2 DECEMBER 15, 2022 ITEM NO.: 6 Z-9741 File No.: Z-9741 Owner: Tyler King Applicant: Scott Smith Architects Address: 713 North Beechwood Street Legal Description: Lot 14, Block 20, Pulaski Heights Zoned: R-5 Variance(s) Requested: A variance is requested from area regulations of Sec. 36-259 to allow a reduced rear yard setback in the R-5 district. A variance is requested from area regulations of Sec. 36-259 to allow a reduced lot area per family in the R-5 district. Justification: The applicant's justification is presented in an attached letter. Present Use: Multi -Family Residence Proposed Use: Multi-Family Residence STAFF REPORT: A. Planning and Development Civil Engineering Comments: No comments required. B. Landscape and Buffer Comments: No comments. C. Building_ Codes Comments: No comments required. D. Staff Analysis: The R-5 zoned property located at 713 North Beechwood is currently occupied by a two-story duplex structure. The submitted survey indicates a lot width of 50-feet and a depth of 140-feet and is approximately 7,000 square feet in overall size. The applicant proposes to construct a new two-story structure to the east of the existing duplex with a carport on the lower level and apartment on the second level. The construction of the new structure will allow for the 7,000 square foot property to contain up to three (3) units, which complies with the R-5 zoning. 1 DECEMBER 15, 2022 ITEM NO.: 6 (CON'T.) Z-9741 Section 36-259(d)(5)(a) states "Lots ranging from zero to ten thousand (10,000) square feet in area shall provide two thousand five hundred (2,500) square feet of land area per dwelling". The current R-5 zoning of the property allows for a multi- family development of not more than thirty-six (36) units per gross acre. The required area of land per dwelling of twenty-five hundred (2,500) square feet is seventy-five hundred (7,500) square feet for three (3) dwellings. The existing lot is 7,000 square feet in area. "The applicant is requesting a variance from the area regulation to allow a reduction of land area per dwelling from 2,500 square feet to 2,333 square feet. The applicant is proposing that the new structure be located in the rear yard area twelve feet (12) east of the existing duplex. The survey shows the structure five (5) feet from the north and south property lines, and six (6) feet from the east property line. Section 36-259(d)(3) states "There shall be a rear yard setback having a depth of not less than twenty-five (25) feet to the rear line of a building". Therefore, the applicant is requesting a variance to allow the new building in the rear yard setback reducing the setback to no less than six (6) feet. Staff is supportive of the requested land area per dwelling and rear yard setback variances. Staff views the requests as reasonable. Staff finds the requests to generally be in conformance with the development pattern in the neighborhood and will not have an adverse impact on the surrounding properties. E. Staff Recommendation: Staff recommends approval of the requested rear yard setback reduction and the requested reduced land area per dwelling as outlined in the above staff analysis and on the submitted sketch. Board of Adjustment (DECEMBER 15, 2022) The applicant was present. There were no persons present registered in opposition. Staff presented the application to the Commission and stated it recommended the rear yard setback and land area variances be approved with conditions as per the staff report. There was a consent motion to approve the application. The application was approved on consent. The vote was 4 ayes, 0 nays and 1 absent. 2 DECEMBER 15, 2022 ITEM NO.: 7 Z-9743 File No.: Z-9743 Owner: Edward Haddock Applicant: Jeremiah Russell Address: 523 E 18th Street Description: Lot 8 and Part of Lot B, Block 400, Lincoln & Zimmerman Addition Zoned: R-4 Variance(s) Requested: A variance is requested from the provisions of Section 36-256 (d)(1,3) to allow reduced front and rear setbacks. A variance is requested from the provisions of Section 36-502 (b)(1)(a) to allow no off-street parking at the residence. Justification: The applicant's justification is presented in an attached letter. Present Use: Vacant Proposed Use: Single-family residential STAFF REPORT A. Planning and Development Civil Engineering Comments: No comments required. B. Landscave and Buffer Comments: No comments required. C. Building Codes Comments: No comments required. D. Staff Analysis: The R-4 zoned property located at 523 E 18th Street is currently vacant, but the owner has plans to construct a single-family residence at the site. The existing deeded lot has an area of 80' 5 5/8" x 36' and is 2,944 square feet. The surrounding area is zoned R-4, and the property is bordered by a vacant lot to the west and a single-family residence to the south. The applicant is proposing to reduce the front setback from 25' to 15', and to reduce the rear setback from 25' to 15'. The request for the front setback to 15' is 1 DECEMBER 15, 2022 ITEM NO.: 7 (CON'T.) Z-9743 approximately 10% less than the average front yard setback on the block but is in keeping with the prevailing average setback of similar historic properties in the vicinity. In addition to the front/rear setback variance, the applicant is also requesting a variance to waive the requirement for off-street parking. The applicant has stated the addition of a parking space on the site will reduce the size of the proposed structure on an existing non -conforming lot, and that there is ample on -street parking surrounding the area. Section 36-256(d)(1,3) states that in the R-4 zone, the front and rear setback, respectively, shall not be less than 25 feet. Therefore, the applicant is seeking to encroach 10 feet into both the front and rear setback requirements. Section 36-502 (b)(1)(a) states each single-family property shall have an area on the site for off-street parking for one (1) vehicle. The applicant is seeking a variance from this requirement in order to have no off-street parking. Staff is supportive of the requested front/rear setback variance from 25' to 15'. Staff views the request as reasonable. The lot is non -conforming with current standards and a setback reduction of this type was seen historically in the area. Staff views this request as minor in nature and feels that the reduced front/rear setback will have no adverse impact on the surrounding properties. However, staff is not supportive of the request to waive the requirement for off-street parking. Staff does not view the request as reasonable. The applicant can reduce the size of the proposed deck (which runs the length of the property on the Park Lane side), and a parking area can fit within the bounds of the reduced rear setback area. E. Staff Recommendation: Staff recommends approval of the requested front/rear setback variance, subject to the descriptions and any conditions in the "staff analysis," and the following conditions: 1. A building permit being obtained for all construction. 2. Abide by all other site development requirements for R-4 zoned properties. Staff recommends denial of the requested variance to waive off-street parking requirements. Board of Adjustment (DECEMBER 15, 2022) The applicant was present. There were no persons present registered in opposition. Staff presented the application to the Commission and stated it recommended the front and rear yard setback variance be approved with conditions as per the staff report and recommended denial of the requested variance for reduced off-street parking. Jeremiah Russell represented the application. He stated that he and his client would amend the application to include a parking pad on the property and withdraw the off-street parking variance request. There was a consent motion to approve the application with the amended revision to the application to include parking on the property per the city ordinance. The application was approved on consent. The vote was 3 ayes, 0 nays, 1 recuse and 1 absent. 2 DECEMBER 15, 2022 ITEM NO.: 8 Z-9744 File No.: Z-9744 Owner: Molly Einstein Owens Rev. Trust Applicant: Matt Farris Address: 4922 Stonewall Road Description: Lot 7R, Newton's Addition Zoned: R-2 Variance(s) Requested: A variance is requested from the area provisions of Section 36- 254 to allow a residence with a reduced rear setback. Justification: The applicant's justification is presented in an attached letter. Present Use: Single Family Residence (under construction) Proposed Use: Single Family Residential STAFF REPORT A. Planning and Development Civil Engineering Comments: No comments required. B. Landscape and Buffer Comments: In October 2020 the City adopted the "Heights Landscape Design Overlay District," requiring installation of one tree per 40 linear feet of street frontage within the Heights District Boundary, applicable to [among other types] residential construction in excess of 600 square feet. C. Building Codes Comments: No comments required D. Staff Analysis: The R-2 zoned property located at 4922 Stonewall Road is occupied by a two-story single-family residence which is currently under construction. The new residence will be set back 25 feet from the front (south) property line and 45.67 feet from the rear (north) property line. The residence will be located over 10 feet from the east and west side property lines. The applicant is also constructing a pool house with porch (one (1) story) within the rear yard area, at the northeast corner of the new residence. The pool house will be 20 feet-7 inches by 24 feet-7 inches in area and separated from the principal structure by eight (8) feet. The pool house will be located 17 feet-1 inch from the rear (north) property line, 12 feet-11 inches from the east side property 1 DECEMBER 15, 2022 ITEM NO.: 8 (CON'T.) Z-9744 line and over 70 feet from the west side property line. The new residence and pool house with porch comply with ordinance setback requirements. The applicant is proposing to connect the pool house with porch (accessory structure) to the principal residential structure with a one-story breezeway which will be approximately 18 feet in width. The breezeway connection will be unenclosed on its east and west sides. With the connection, the pool house with porch (accessory structure) will become part of the principal structure. Section 36-254(d)(3) of the City's Zoning Ordinance requires a minimum rear yard setback of 25 feet for principal structures in R-2 zoning. Therefore, the applicant is requesting a variance to allow the pool house with porch portion of the principal structure with a reduced rear setback of 17 feet-1 inch. Staff is supportive of the requested rear yard setback variance. Staff views the request as reasonable. The pool house with porch structure is allowed by right without the breezeway connection. The breezeway connection only adds 144 square feet of building coverage to the overall lot which is approximately 15,600 square feet in area. Staff views the variance as very minor in nature and feels that the reduced rear setback will have no adverse impact on the surrounding properties. E. Staff Recommendation: Staff recommends approval of the requested rear setback variance, subject to the descriptions and any conditions in the "staff analysis", and the following conditions: 1. A building permit being obtained for all construction. 2. Install trees, if deemed applicable at the time of building permitting, in accordance with Heights Landscape Design Overlay District requirements. Board of Adjustment (DECEMBER 15, 2022) The applicant was present. There were no persons present registered in opposition. Staff presented the application to the Commission and stated it recommended the rear yard setback variance be approved with conditions as per the staff report. There was a consent motion to approve the application. The application was approved on consent. The vote was 4 ayes, 0 nays and 1 absent. 2 DECEMBER 15, 2022 There being no further business before the Board, the meeting was adjourned at 4:08 p.m. Date: Chairman Secretary