Loading...
boa_04 20 2023LITTLE ROCK BOARD OF ADJUSTMENT AGENDA PROCEDURE APRIL 20, 2023 4:00 P.M. I. Roll Call and Finding of a Quorum II. Approval of the Minutes of the March 16, 2023 meeting of the Board of Adjustment Ill. Presentation of Consent Agenda IV. Presentation of Hearing Items LITTLE ROCK BOARD OF ADJUSTMENT SUMMARY OF MINUTES APRIL 20, 2023 4:00 P.M. I. Roll Call and Finding of a Quorum A Quorum was present being five (5) in number. ll. Approval of the Minutes of the March 16, 2023 meeting of the Board of Adjustment Members Present: Frank Allison — Chairman Austin Grinder — Vice Chair Richard Bertram James Harkins Jeremiah Russell Members Absent: None City Attorney Present: Sherri Latimer LITTLE ROCK BOARD OF ADJUSTMENT ABBREVIATED AGENDA APRIL 20, 2023 4:00 P.M. I. OLD BUSINESS: A. Z-9758 93 Orle Circle II. NEW BUSINESS: 1. Z-9773 216 East Charles Bussey Avenue 2. Citizen Communication Discussion APRIL 20, 2023 ITEM NO.: A Z-9758 File No.: Z-9758 Owners: Chattanya Musham Applicant: Markus Homes Inc — Melinda Markus Address: 93 Orle Circle Legal Description: Lot 43, Block 113, Chenal Valley, an addition to the City of Little Rock 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 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 dated January 12, 2023. STAFF REPORT: A. Planning and Development Civil Engineering Comments: 1. An easement of 5' on either side of the wall for a total of a 10' easement shall be provided for the wall(s). 2. A signed affidavit must be provided from each of the adjacent property owners in acknowledgment that the easement is only for access/ease of maintenance that could ever be needed for the wall. 3. Plans, Profiles, Calculations, and Section Views must be provided for the permit when pulled for said wall(s). This will be classified as a structure by Arkansas Fire Prevention Code and City Codes which state that a wall with retainage of 4ft or greater measured from the bottom of the footing/leveling layer shall be engineered and be permitted. 4. Staff has no problem with the wall and placement as long as the previous items are taken care of and all provided information is supplied and completed. B. Landscape and Buffer Comments: No Comments C. Building Codes Comments: No comments required. APRIL 20, 2023 ITEM NO.: A (CON'T.) Z-9758 D. Staff Analysis: The site at 93 Orle Circle contains and recently constructed single-family dwelling with a paved access drive extending north to Orle Circle. The lot has been mostly cleared and slopes downward from east to west. The applicant also proposes to construct a retaining wall to extend along the rear (south) property line, then north along the side (east) property line and then west along the front setback line until it intersects the dwelling. 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 an alley." Therefore, the applicant is requesting a variance to allow the retaining wall, which is considered an accessory structure, with reduced rear and side yard setbacks. Staff is not supportive of the reduced side and rear yard setback variance. Staff does not view the request as reasonable and believes it will have an adverse impact on surrounding properties. Staff cannot support the request to construct the retaining walls on the property lines without the following conditions being met: 1. An easement of 5' on either side of the wall for a total of a 10' easement shall be provided for the wall(s). 2. A signed affidavit must be provided from each of the adjacent property owners in acknowledgment that the easement is only for access/ease of maintenance that could ever be needed for the wall. 3. Plans, Profiles, Calculations, and Section Views must be provided for the permit when pulled for said wall(s). This will be classified as a structure by Arkansas Fire Prevention Code and City Codes which state that a wall with retainage of 4ft or greater measured from the bottom of the footing/leveling layer shall be engineered and be permitted. E. Staff Recommendation: Staff recommends denial of the requested side and rear yard setback variances. Board of Adjustment (MARCH 16, 2023) The applicant was present. There were no objectors present. Staff stated the application needs to be deferred to the April 20, 2023 agenda, as there is additional information the applicant needs to submit to staff, so that staff can adequately review the application. The application was deferred on consent. The vote was 5 ayes, 0 nays and 0 absent. 2 APRIL 20, 2023 ITEM NO.: A Z-9758 Board of Adjustment (APRIL 20, 2023) The applicant was present. There were no objectors present. Staff presented the application to the Board and stated it recommended consent deferral of the application to the May 18, 2023, agenda as there is additional information needed for review of the application. The applicant asked what additional information is required. Staff reported the drawings submitted are not sufficient per the in-house engineer and that the walls need to be re -engineered. Staff suggested that the applicant meet with the staff engineer. There was a motion to defer the application to the May 18, 2023, agenda. The application was deferred on consent. The vote was 5 ayes, 0 nays and 0 absent. 3 APRIL 20, 2023 ITEM NO.: 1 Z-9773 File No.: Z-9773 Owner: Mike Orndorff Applicant: Mike Orndorff Address: 216 East Charles Bussey Avenue Description: The West 51.5 feet of fractional Lot 7 and the West 51.5 feet of the South\ of Lot 8, Block 416, DUVALL'S ADDITION to the City of Little Rock, Pulaski County, Arkansas. Zoned: R-5 Variance(s) Requested: A variance is requested from the provisions of Section 36-259 to allow reduced front and rear setbacks. A variance is requested from the provisions of Section 36-502 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. Landscape and Buffer Comments: No comments required. C. Building Codes Comments: No comments required. D. Staff Analysis: The R-5 zoned property located at 216 East Charles Bussey Avenue is currently vacant. The 2,652 square feet lot is bordered to the west by the Capitol Zoning District and by R-4 and R-5 zoned properties to the north, east, and south across East Charles Bussey Avenue. 1 APRIL 20, 2023 ITEM NO.: 1 (CON'T.) Z-9773 The applicant proposes to construct a 1,558 square foot structure at the site with reduced setbacks. The site plan indicates a reduction of the front (south), and rear (north) yard setbacks from 25' to 5' and to maintain a 5-foot side yard setback to the east and west. Section 36-259 (d)(1) states that in the R-5 zone, there shall be a front yard setback having a depth of not less than twenty-five (25) feet to the front line of a building. Therefore, the applicant is seeking to reduce the front setback from 25-feet to 5-feet. Section 36-259 (d)(3) states that in the R-5 zone, 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 seeking to reduce the rear setback from 25-feet to 5-feet. The site plan indicates that the proposed structure will occupy the center portion lot and no off-street parking is shown adjacent to the structure. The applicant states "This lot is only 50' deep making it undevelopable. Additionally, code could be interpreted in a way to require 3 off street parking spaces in the event the lot was used to build a duplex on. Additionally, I'm seeking a variance that would allow me to develop this lot without offering any off-street parking spaces.". Section 36-502 (b)(1) (c). states each two-family property shall have an area on the site for off-street parking with 1.5 spaces per unit. Therefore, the applicant is seeking a variance from this requirement to have no off-street parking. Staff is supportive of the requested front/rear setback variance from 25' to 5' and the request for no on -site parking. Staff views the requests as reasonable. The existing lot is non -conforming with current standards and a setback reduction of this type along with on -street parking is seen historically in the area. Staff views these requests as minor in nature and feels that the variances will have no adverse impact on the surrounding properties. E. Staff Recommendation: Staff recommends approval of the requested variances, subject to the descriptions and any conditions in the "staff analysis," and the following conditions: A. A building permit being obtained for all construction. B. Abide by all other site development requirements for R-5 zoned properties. Board of Adjustment (APRIL 20, 2023) The applicant was present. There were no objectors present. Staff presented the application to the Board and stated it recommended consent approval of the requested variances, subject to staff analysis and specified conditions. The application was moved to the regular agenda and discussion between the applicant and commission ensued about the possible development of the property. There was a motion to approve the application. 2 APRIL 20, 2023 ITEM NO.: 2 CITIZEN COMMUNICATION DISCUSSION Board of Adjustment (APRIL 20, 2023) The Director of Planning and Development introduced the topic of "citizen communication." There was discussion amongst the Director and the Board. No action was taken. APRIL 20, 2023 There being no further business before the Board, the meeting was adjourned at 5:01 p.m. Date: Chairman Secretary