boa_05 18 2023LITTLE ROCK BOARD OF ADJUSTMENT
AGENDA PROCEDURE
MAY 18, 2023
4:00 P.M.
I. Roll Call and Finding of a Quorum
II. Approval of the Minutes of the April 20, 2023
meeting of the Board of Adjustment
III. Presentation of Consent Agenda
IV. Presentation of Hearing Items
LITTLE ROCK BOARD OF ADJUSTMENT
SUMMARY OF MINUTES
MAY 18, 2023
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 April 20, 2023 meeting
of the Board of Adjustment
Members Present: Frank Allison -Chairman
Austin Grinder -Vice Chair
James Harkins
Jeremiah Russell
Members Absent: Richard Bertram
City Attorney Present: Sherri Latimer
LITTLE ROCK BOARD OF ADJUSTMENT
ABBREVIATED AGENDA
MAY 18, 2023
4:00 P.M.
I. OLD BUSINESS:
A. Z-9758 93 Orle Circle
II. NEW BUSINESS:
1. Z-3206-C 11000 Kanis Road
2. Z-4145-A 1719 Merrill Drive
3. Z-7508-C 10621 Colonel Glenn Road
4. Z-9779 331 Rosetta Street
5. Z-9783 2322 North Garfield Street
6. Z-9784 1614 North Harrison Street
MAY 18, 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 wail (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:
Plans reviewed during building permit.
B. Landscape and Buffer Comments:
No Comments
C. Building Codes Comments:
No comments required.
D. Staff Analvsis:
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 forty-two (42) inch high masonry wall
starting at the northeast edge of the dwelling and proceed east twenty-seven (27)
feet to the eastern property line. The masonry wall then proceeds south along the
eastern perimeter of the property to the south property line. The applicant proposes
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MAY 18, 2023
ITEM NO. A (CON'T.) Z-9758
to construct an additional retaining wall (accessory structure) which will be offset to
the west three (3) feet from the east property line. The retaining wall (accessory
structure) will extend from north to south along the eastern side of the property to
the south property line and proceed on the property line west one -hundred twenty
feet (120) to the west property line.
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 setback.
The applicant provided responses and additional information to all issues raised
during the staffs review of the application. To the staffs knowledge, there are no
outstanding issues.
Staff is supportive of the reduced rear and side yard setback variances. The wall
will be located along the eastern and southern perimeters of the property adjacent
to the open tract, and staff views this request as minor in nature and feels that the
reduced rear and side yard setbacks 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:
A. A building permit being obtained for all construction.
B. Abide by all site development requirements for R-2 zoned properties.
Board of Adjustment (MARCH 16, 2023)
The applicant was present. There were no objectors present. Staff presented the
application to the Commission and stated it recommended deferral of a variance request
from the area provisions of 36-156 to allow a retaining wall (Accessory structure) with
reduced setbacks from side and rear yard property lines. There was a consent motion
to defer the application. The application was deferred on consent. The vote was 5 ayes,
0 nays and 0 absent.
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MAY 18, 2023
ITEM NO. A (CON'T.) 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 to 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. The application was deferred
on consent. The vote was 5 ayes, 0 nays and 0 absent.
Board of Adjustment (MAY 18, 2023)
The applicant was present. There were no objectors present. Staff presented the
application to the Commission and stated it recommended side setback variance be
approved as per staff report. There was consent motion to approve the application.
The application was approved on consent. The vote was 4 ayes, 0 nays and 1 absent.
3
MAY 18, 2023
ITEM NO.: 1 Z-3206-C
File No.: Z-3206-C
Owners: Raju Vyas
Applicant: Raju Vyas
Address: 11000 Kanis Road
Legal Description: Lot 51 R, 52 West Highland Addition and that portion of Lots 61,62
lying North of Kanis Road adjacent to closed Mason Drive ROW,
all being part of Section 9, T-1-N, R-13-W, Pulaski County AR
Current Zoning: C-3
Present Use: Undeveloped
Proposed Use: Hotel
Variance(s) Requested: A variance is requested from the development provisions and
the area provisions of Section 36-301 to allow a new building
with increased building height.
Justification: The applicant's justification is presented in the attached letter.
STAFF REPORT:
A. Planning and Development Civil Engineering Comments:
No comments.
B. Landscape and Buffer Comments:
All landscaping and buffer areas for the new development must comply with
Chapters 15 and 36 of the City of Little Rock Code of Ordinances.
C. Building Codes Comments:
No comments required.
D. Analysis:
The C-3 zoned property located along the north side of Kanis Road is comprised of
4.628 acres and is currently undeveloped. The property is mostly tree covered and
generally slopes downward from south to north and from west to east.
The applicant proposes to construct a multi -level hotel building on the site as noted
on the attached site plan. The proposed hotel building will be located within the west
central half of the lot, with paved parking circling the building. An access drive will be
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MAY 18, 2023
ITEM NO.: 1 (CON'T.) Z-3206-C
located along the south perimeter of the property connecting to Kanis Road. The
proposed building will be five (5) stories in height, with a total floor area of
approximately 70,000 square feet. The proposed building height will be sixty-four (64)
feet, as viewed from the lowest finished floor (north elevation) to the highest point of
the building's flat roof. Therefore, the applicant is requesting a variance to allow the
increased building height from thirty-five (35) to sixty-four (64).
Section 36-301(d) allows a maximum building height of 35-feet for C-3 zoned property.
The proposed building will have a height of 64-feet as viewed from the low sides of
the property (north elevation).
Staff is supportive of the requested variance. Staff views the request as reasonable,
as the property is located along a minor arterial roadway near a minor arterial/minor
arterial intersection of Kanis Road and Shackleford Road. The property is bordered
by C-3 and PCD Commercial zonings. Given the property's location and the site's
topography, staff believes that the building height variance is appropriate and should
have no adverse impact on the surrounding properties.
E. Staff Recommendation:
Staff recommends approval of the requested building height 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-3 zoned properties.
3. Compliance with the Landscape and Buffer requirements of Chapters 15 and 36
of the City's code.
Board of Adjustment (MAY 18, 2023)
The applicant was present. There were no objectors present. Staff presented the
application to the Commission and stated it recommended the building height variance
be approved as per the staff report. The item was moved from the consent agenda to
the regular agenda. After statements and discussion by the Commission for the need
to review and revise the Code, there was a motion to approve the application. The
application was approved. The vote was 4 ayes, 0 nays and 1 absent.
2
MAY 18, 2023
ITEM NO.: 2 Z-4145-A
File No.: Z-4145-A
Owners: H.F. Enterprises, LLC
Applicant: Michael B. Childers
Address: 1719 Merrill Drive
Legal Description: Lot 8, Replated as Lot 8B, Charles Valley Subdivision, City of
Little Rock
Zoned: C-4
Present Use: Commercial
Proposed Use: Commercial
Variance(s) Requested: A variance is requested from the compliance regulations of
Sec. 36-11 to allow the continued encroachment of an existing
structure into a utility easement.
A variance is requested from the compliance regulations of
Section 36-302 to allow an existing structure to be located less
than fifteen (15) feet from a side yard property line.
Justification: The applicant's justification is presented as per the attached
letter dated October 19, 2021.
STAFF REPORT:
A. Planning and Development Civil Engineering Comments:
No Comments
B. Buffering and Landscape Comments:
No Comments.
C. Building Codes Comments:
No comments.
D. Staff Analysis:
The property located at 1719 Merrill Drive is occupied by a one-story commercial
structure with paved parking areas along the east and west perimeters of the building.
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MAY 18, 2023
ITEM NO. 2 (CON'T.) Z-4145-A
The parking areas are linked to shared access easement drives along the north and
south perimeters of the building which connect to Merrill Drive to the west.
A recent survey of the property indicates the structure was constructed within six (6)
feet of the south perimeter of the site with a portion of the structure setting within an
existing seven (7) foot utility easement.
Section 36-11 (f) states, "No building or structure as defined in this chapter shall be
erected, converted, reconstructed, or structurally altered that encroaches on, over or
into any easement. This includes drainage, utility access or use easements within the
boundary of -any lot of record, platted or otherwise established". Therefore, the
applicant is requesting the continued encroachment of an existing structure into a
utility easement.
Section 36-302(e)(2) of the City's Zoning Ordinance requires a minimum side yard
setback of 15 feet on each side of a structure on this C-4 zoned lot. Therefore, the
applicant is requesting a variance to allow the existing structure to have a reduced
side (south) yard setback of six (6) feet.
Staff is supportive of the requested variances and views the requested variances as
reasonable. Staff believes the original non -conforming unaltered location of the
building will have no adverse impact on the surrounding properties.
E. Staff Recommendation:
Staff recommends approval of the requested encroachment variance, subject to the
descriptions and any conditions in the "staff analysis," and the staff report.
Board of Adjustment
(MAY 18, 2023)
The applicant was present. There were no objectors present. Staff presented the
application to the Commission and stated it recommended the encroachment variance
be approved 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
MAY 18, 2023
ITEM NO.: 3 Z-7508-C
File No.: Z-7508-C
Owner: CGTR Lot 2, LLC
Applicant: Joe White Associates Engineers
Address: 10621 Colonel Glenn Road
Legal Description: Lot 2R, Circustrix Addition, to the City of
Little Rock, Pulaski County, Arkansas
Current Zoning: C-4
Present Use: Vacant
Proposed Use: New Commercial Construction
Variance(s) Requested: A variance is requested from the area provisions of Section
36-302 to allow a building with a reduced side yard setback in
a C-4 District.
A variance is requested from the area provisions of Section
31-210 to allow a reduced minimum spacing of a driveway
from an intersection.
Justification: The applicant's justification is presented in an attached letter.
STAFF REPORT:
A. Planning and Development Civil Engineering Comments:
Staff will support the proposed drive from Talley as a Right In, Right Out
drive. However, staff does require as a provision that the developer provide a Traffic
Impact Study at the time a building permit is applied for.
B. Landscape and Buffer Comments:
All landscape and buffer areas for the new development must comply
with Chapters15 and 36 of the City of Little Rock Code of Ordinances.
C. Building Codes Comments:
No comments.
D. Analysis:
The C-4 zoned property located at the southeast corner of Colonel Glenn Road and
Talley Road is comprised of 1.07-acres and is currently vacant. The property is mostly
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MAY 18, 2023
ITEM NO.: 3 (CON'T.) Z-7508-C
tree covered and generally slopes downward from north to south and from east to
west.
The property is bordered to the south and east by C-4 zoned uses, a vacant C-3 zoned
property to the west across Talley Road, an 1-1 zoned warehouse to the northeast,
and a PCD to the northwest across Colonel Glenn Road.
The applicant proposes to construct a new 4,300 square foot convenience store / gas
station structure located at the central portion of the site with a new 2,500 square foot
canopy for pumps and new paved parking area which circles the canopy structure
from the west to the east. The proposed parking area is centered on the site adjacent
to the north fagade (main entry) of the convenience store with twelve (12) parking
spaces.
The site plan indicates the proposed development will have two (2) paved access
drives connecting Colonel Glenn Road to the north and Talley Road to the west. The
proposed access drive connecting to Colonel Glenn Road at the northeast corner of
site is indicated as a thirty (30) foot wide shared cross access (utility) easement drive
bordering the existing lot to the east. The shared access drive extends south from
Colonel Glenn Road at the north between Lot 2R and Lot 3R and connects to an
existing asphalt drive bordering the south perimeter of the development.
The proposed thirty-five (35) foot wide access drive connecting to Talley Road is
located eighty-five feet from the south of the north property line adjacent to the Colonel
Glenn Road Right -of -Way. Staff is supportive of the drive connecting to Talley Road
as a Right -In, Right -Out Drive with the including of a traffic impact study at the time a
building permit is applied for.
Section 31-210(e)(2) Collector Streets, states, "Minimum spacing from the property
line shall be one hundred twenty-five (125) feet". Therefore, the applicant is
requesting a variance to allow the proposed access drive spacing from the property
line to be reduced from one -hundred twenty-five (125) feet to eighty-five (85) feet.
The site plan indicates that the proposed new convenience store structure is to be
located one -hundred fifty (150) feet from the north (front) property line and twenty-five
(25) feet from the west (side) property line.
Section 36-302(e)(2) Side yard, states, "There shall be a side yard on each side of
the building having a width of not less than fifteen (15) feet. On a corner lot, the side
yard on the street side or exterior side shall be equal to the required front yard
setback". Therefore, the applicant is requesting a variance to allow the side yard
setback to be reduced from forty-five (45) feet to twenty-five (25) feet.
Staff is supportive of the requested variances. Staff views the requests as reasonable.
The proposed location of the new access drives and new structure will be situated on
the site in a manner similar to other developments in the immediate area. Staff
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MAY 18, 2023
ITEM NO.: 3 (CON'T.) Z-7508-C
believes that the variances will have no adverse impact on the adjacent properties or
the general area.
E. Staff Recommendation:
Staff recommends approval of the requested side yard setback reduction and the
access drive spacing reduction, 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.
3. Compliance with the Landscape and Buffer requirements of Chapters 15 and 36
of the City's code.
4. Provision of a Traffic Impact Study at the time of building permit application.
5. Revision of the access drive connection to Talley Road to a Right -in, Right -out
drive configuration.
Board of Adjustment
(MAY 18, 2023)
The applicant was present. There were no objectors present. Staff presented the
application to the Commission and stated it recommended the side yard setback and
access drive spacing variances be approved 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.
3
MAY 18, 2023
ITEM NO.: 4 Z-9779
File No.: Z-9779
Owners: Casey Dillard, Ellen Hoppe
Applicant: Casey Dillard
Address: 331 Rosetta Street
Legal Description: The West 90 feet of Lot 13, Block 6, C.S. Stifft's Addition to the
City of Little Rock, Pulaski County, Arkansas.
Zoned: R-3
Present Use: Single-family Residence
Proposed Use: Single-family Residence
Variance(s) Requested: A variance is requested from area regulations of Sec. 36-156
to allow an accessory structure to be less than six (6) feet from
a residence.
Request from the area regulations of Sec. 36-156 to allow an
accessory structure to occupy more than 30% coverage of the
rear yard.
A variance is requested from area regulations of Sec. 36-156
to allow an accessory structure with a reduced side and rear
yard setback.
Justification: The applicant's justification is presented as per the attached
letter.
STAFF REPORT
A. Planning and Development Civil Engineering Comments:
1. A building permit must be obtained for all construction.
B. Buffering and Landscape Comments:
No Comments.
C. Building Codes Comments:
No Comments.
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MAY 18, 2023
ITEM NO. 4 (CON'T.) Z-9779
D. Staff Analysis:
The property located at 331 Rosetta Street is occupied by a single -story wood and
masonry single-family residence. A one -car wide driveway extends north from West
Capitol Avenue along the east border of the lot connecting to an existing one-story
carport structure.
The applicant is proposing to remove the existing carport structure and construct a
new twenty-six (26) foot by fourteen (14) foot enclosed garage structure in the same
location connecting to the existing driveway. The proposed structure will be located
in the northeast corner of the lot and be located 0.3-feet from the east property line,
1.8-feet from the north property line, and approximately 2-feet from the existing
residential structure.
Section 36-156 (2)(b) of the City of Little Rock Zoning Ordinance requires an
accessory structure be separated from a single-family residence by a distance of not
less than six (6) feet. Therefore, the applicant is requesting a variance to allow an
accessory structure with a reduced separation from a single-family residence.
Section 36-156(2)(f) states "Accessory buildings shall maintain at least a three-foot
setback from any side or rear yard property line except where said rear yard abuts on
a dedicated alley". Therefore, the applicant is requesting a variance to allow an
accessory structure to have a reduced side and rear yard setback of less than three
(3) feet.
Sec. 36-156(a)(2)(c) states, "Accessory buildings or structures in the R-1 through R-
4A districts shall not be located closer than sixty (60) feet to the front property line,
fifteen (15) feet from a street side line and may not occupy more than thirty (30)
percent of the required rear yard area..." Therefore, the applicant is requesting a
variance to allow the proposed accessory building to exceed the coverage
requirements to a maximum of 44%.
Staff is supportive of the requested variances. Staff views the request as reasonable.
The proposed variance requested is generally in conformance with the development
pattern in the area. Staff believes the proposed accessory structure will have no
adverse impact on the surrounding properties.
E. Staff Recommendation:
Staff recommends approval of the requested separation 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.
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MAY 18, 2023
ITEM NO.: 4 (CON'T.) Z-9779
Board of Adjustment (MAY 18, 2023)
The applicant was present. There were no objectors present. Staff presented the
application to the Commission and stated it recommended the separation variance be
approved 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.
3
MAY 18, 2023
ITEM NO.: 5 Z-9783
File No.: Z-9783
Owners: Whit and Lisa Hall
Applicant: Ellen Yeary
Yeary Lindsey Architects
Address: 2322 North Garfield Street
Legal Description: Lot 12, Block 7, Altheimers Addition to the City of Little Rock,
Pulaski County Arkansas
Zoned: R-2
Present Use: Single-family Residence
Proposed Use: Single-family Residence
Variance(s) Requested: A variance is requested from area regulations of Sec. 36-254
to allow a reduced side yard setback in the R-2 district.
A variance is requested from area regulations of Sec. 36-254
to allow a reduced rear yard setback in the R-2 district.
Justification: The applicant's justification is presented as per the attached
letter.
STAFF REPORT
A. Planning and Development Civil Engineering Comments:
No Comments.
B. Buffering and Landscape 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.
D. Staff Analysis:
The R-2 zoned property located at 2322 North Garfield Street is 0.15-acre cleared
vacant lot. The applicant proposes to construct a new residential dwelling with a
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MAY 18, 2023
ITEM NO.: 5 CON'T.) Z-9783
garage structure connected by a covered breezeway. The main residential structure
will be setback 25-feet from the front (east) property line, 5-feet from the north and
south property lines and 11-feet from the rear (west) property line.
The site plan indicates that the proposed garage will connect to the main dwelling
structure with a one-story breezeway which will be approximately 10-feet in width
with a single roof structure. The breezeway area will be unenclosed on its north and
south sides and have an access stair on the south side connecting to the side yard
within the setback.
Section 36-254(d)(2) states, "There shall be a side yard setback 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.". Therefore, the applicant is requesting a
variance to allow a reduction of the side yard setback from 5-feet to 4-feet.
The site plan indicates that the garage structure will extend west from the breezeway
into the rear (west) setback of the lot connecting to a new access drive adjacent to
the existing alley to the west.
Section 36-254(d)(3) states "There shall be a rear yard setback having a depth of
not less than twenty-five (25) feet. "Therefore, the applicant is requesting a variance
to allow the extension of the primary structure into the rear yard setback reducing
the setback to no less than 11-feet.
Staff is supportive of the requested variances. Staff views the requests as
reasonable. The reduction of yard area for the garage and breezeway structures are
similar to development patterns in the area. Staff believes that the requested
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:
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 (MAY 18, 2023)
The applicant was present. There were no objectors present. Staff presented the
application to the Commission and stated it recommended the requested variances be
approved as per the staff report. The item was moved from the consent agenda to the
regular agenda. After discussion by the Commission pertaining to the calculation of the
encroachment, there was a motion to approve the application. The application was
approved. The vote was 4 ayes, 0 nays and 1 absent.
2
MAY 18, 2023
ITEM NO.: 6 Z-9784
File No: Z-9784
Owner: Sarah Bruner & Kyle Bruner
Applicant: Kyle Bruner
Address: 1614 N. Harrison Street
Legal Description: Lot 4, Block 3, Edgewood Addition
Current Zoning: R-2
Present Use: Single -Family Residence
Proposed Use: Single -Family Residence
Variance(s) Requested: A variance is requested from area regulations of
Section 36-156 to allow an accessory structure to be
less than six (6) feet from a residence.
A variance is requested from the area regulations of
Section 36-156 to allow an accessory structure to
occupy more than thirty percent (30%) coverage of the
rear yard.
Justification: The applicant's justification is presented in the attached
letter.
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. Analysis:
The R-2 zoned property located at 1614 N. Harrison Street is occupied by a one-
story single-family residence. The property is located on the west side of the street
between Cantrell Road and "O" Street. The survey indicates a lot with a width of 50-
feet and a depth of 140-feet. The residence is set 25-feet from the front (east)
property line, 14.5-feet from the south property line, 4.8-feet from the north side
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MAY 18, 2023
ITEM NO. 6 (CON'T) Z-9784
property line, and 50.5-feet from the rear (west) property line abutting a 20-foot alley.
As part of the improvement to the residence, the applicant proposes to construct a
641-square foot single -story living -space addition with a 127-square foot covered
porch on the rear (west) of the existing residence.
The applicant proposes to construct a new 22-foot by 26-foot, (572) square foot
carport with storage, separated approximately 4-foot 9-inches to the west of the new
addition. The carport will be accessed from the 20-foot dedicated alley behind the
property. As an accessory structure, the carport is required by Section 36-156(2)(b)
of the City's Zoning Ordinance to have a separation of not less than 6 feet from the
residence. Therefore, a variance is requested from the area regulations of Section
36-156 to allow an accessory structure to be less than six (6) feet from a residence.
Section 36-156(2)(c) requires the accessory building not to occupy more than thirty
percent (30%) of the required rear yard area. The proposed carport will occupy
approximately forty-six percent (46%) of the area. Therefore, the applicant is
requesting a variance to allow an accessory structure to occupy more than thirty
percent (30%) of the rear yard area.
Section 36-156(2)(f) requires, for accessory buildings, a minimum three-foot setback
from any side or rear yard property line, except when abutting an alley, where no
setback is required. The proposed complies by right with the required minimum
setbacks in the R-2 zoning district. Therefore, the applicant is requesting variances
to allow an accessory structure with a reduced separation from the dwelling structure
and an increased rear yard coverage.
Staff is supportive of the requested variances for the accessory structure. Staff views
the request as reasonable and is consistent with development patterns in the area
and 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:
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 Design Overlay District requirements.
Board of Adjustment (MAY 18, 2023)
The applicant was present. There were no objectors present. Staff presented the
application to the Commission and stated it recommended the requested variances be
approved 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.
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MAY 18, 2023
There being no further business before the Board, the meeting was adjourned at 4:02 p.m.
Date:
Chairman Secretary