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
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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.
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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
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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.
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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.
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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
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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.
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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