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boa_09 21 2023LITTLE ROCK BOARD OF ADJUSTMENT AGENDA PROCEDURE SEPTEMBER 21, 2023 4:00 P.M. I. Roll Call and Finding of a Quorum II. Approval of the Minutes of the August 17, 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 SEPTEMBER 21, 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 August 17, 2023 meeting of the Board of Adjustment Members Present: Frank Allison — Chairman Austin Grinder —Vice Chair Richard Bertram Jeremiah Russell Members Absent: James Harkins City Attorney Present: Sherri Latimer LITTLE ROCK BOARD OF ADJUSTMENT ABBREVIATED AGENDA SEPTEMBER 21, 2023 4:00 P.M. I. OLD BUSINESS: No Old Business II. NEW BUSINESS: 1. Z-5435-B 106 Hickory Creek Circle A variance is requested from area regulations of Sec. 36-254 to allow a reduced rear yard setback in the R-2 district. A variance is requested from the compliance regulations of Sec. 36-11 to allow the encroachment of a proposed structure into an easement. 2. Z-9730 91 Orle Circle 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 to allow a retaining wall (accessory structure) with a reduced side yard setback. SEPTEMBER 21, 2023 ITEM NO. 1 Z-5435-B File No.: Z-5435-B Owners: WLR Land Trust: Jennifer and Mark McCarty Applicant: Yeary Lindsey Architects: Ellen Yeary Address: 106 Hickory Creek Circle Legal Description: Lot 9, Hickory Creek Subdivision, Phase 1, Little Rock, Pulaski County, Arkansas Zoned: R-2 Variance(s) Requested: A variance is requested from area regulations of Sec. 36-254 to allow a reduced rear yard setback in the R-2 district. A variance is requested from area regulations of Sec. 36-11 to allow a building addition to encroach into an easement. Present Use: Single-family Residence Proposed Use: Single-family Residence Justification: The applicant's justification is presented on the attached letter of intent. 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 R-2 zoned property at 106 Hickory Creek Circle is occupied by a two-story masonry single-family residence. The home is located on the north side of the street northwest of the intersection of Hickory Creek Drive and Hickory Street Circle. A circular driveway serves as access to the property. The property backs up to a tiered pond/creek area which serves as stormwater detention for the area. The survey indicates a 30-foot common natural area which includes a 10-foot landscape 1 SEPTEMBER 21, 2023 ITEM NO. 1 (CON'T.) Z-5435-B easement inside and adjacent to the rear property line. An existing in -ground pool and patio connecting the rear of the home are located in these easements and common areas. The applicant has indicated that the property has been recently re -platted to include an adjacent parcel which will extend the property boundary 30-feet to the north to include a portion of the floodway / common area. The applicant has also provided documents from the Hickory Creek Property Association indicating their review and approval of the proposed plans. The site plan indicates that the applicant is proposing to construct a covered porch addition to the northeast of the house to be used as an extension of the family living area. The addition is shown to extend the primary residence 25-feet northeast into the rear yard crossing the existing landscape easement and proceed to within 3- feet, 10-inces of the rear property line. Section 36-254(d)(3) states "There shall be a rear yard setback having a depth of not less than twenty-five (25) feet. "The applicant requests a variance to allow a reduction of the rear setback from 25-feet to 3-feet, 10-inches. 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 that the extension of the primary residence be allowed to cross the existing rear yard landscape and common area easements. Staff views the variances request as reasonable. The proposed reduced rear yard setback and easement encroachment will not be out of character with the area nor pose a negative impact on the surrounding properties. E. Staff Recommendation: Staff recommends approval of the requested rear yard setback reduction from twenty-five (25) feet to 3-feet-1 0-inches and the requested easement encroachment variance as outlined in the above staff analysis and on the attached site plan subject to the following conditions: 1. Any new construction must meet the local and Federal floodplain regulation requirements. 2. The addition must be constructed to match the existing residence. 3. A building permit to be obtained for all construction. 2 SEPTEMBER 21, 2023 ITEM NO.1 (CON'T.) Z-5435-B Board of Adjustment (SEPTEMBER 21, 2023) The applicant was present. There were no objectors present. Staff presented the application to the Board and stated it recommended approval of the requested rear yard setback reduction and the easement encroachment variances per conditions within the staff analysis and report. There was a consent motion to approve the application. The motion was seconded. The application was approved on consent. The vote was 4 ayes, 0 nays and 1 absent. SEPTEMBER 21, 2023 ITEM NO. 2 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 area provisions of Section 36-156 to allow a retaining wall (accessory structure) with a reduced side yard setback. Present Use: Vacant Proposed Use: Single-family Residence Justification: The applicant's justification is presented as per the attached letter. STAFF REPORT B. 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 R-2 zoned property located property at 91 Orle Circle is positioned on the south side of the road and is being developed with a single-family residence adjacent to similar R-2 zoned parcels that are either occupied by single-family residences or undeveloped. The site's terrain is generally characterized as having a higher elevation on the northwest side of the lot which steeply slopes to the southeast. 1 SEPTEMBER 21, 2023 ITEM NO. 2 (CON'T.) Z-9730 The applicant is proposing to construct an accessary retaining wall structure along the east, west, and south perimeters of the property to manage the significant grades of the site bordering the adjacent lots. The site plan shows a 9-foot-high retaining wall along the west side of the property that will maintain the required 3-foot separation from the property but will cross the platted front building line approximately 8-feet at the front of the residence and decrease in height from 9-feet to 7-feet. Section 31-12(b) of the City's Subdivision Ordinance states, "In those instances where a recorded subdivision plat has established building setback lines in accordance with this chapter variances of those lines shall only be granted by the Board of Adjustment." Therefore, the applicant is requesting a variance to allow a reduction of the 25-foot platted front building line to 8-feet on north (front) perimeter of the site. The site plan shows the retaining continuing along the south (rear) property line maintaining the require 3-foot separation from the property line and then turn north along the east side property line. The applicant is proposing to construct 10-foot- high retaining wall at the property line along the east side of the lot. Section 36-156(a)(2)(f) requires a minimum of 3-feet of separation between an accessory structure and an adjacent property line. Therefore, the applicant requests a variance to allow a minimum of 0-feet to construct the retaining wall on the east (side) property line. The applicant provided responses and additional documents including but not limited to easement affidavits for adjacent property owners. To the staffs knowledge, there are no outstanding issues. Based on the above analysis, Staff is supportive of the reduced side yard setback variance and the variance to allow the retaining wall to cross the front platted building line. Staff believes the proposal requests are reasonable and are generally in character and scale of the surrounding neighborhood regarding the slope of the terrain. E. Staff Recommendation: Staff recommends approval of the requested side yard setback reduction from 3- feet to 0-feet and the requested platted front building line reduction from 25-feet to a minimum of 8-feet as presented on the attached survey / site plan. 2 SEPTEMBER 21, 2023 ITEM NO. 2 (CON'T) Z-9730 Board of Adjustment (SEPTEMBER 21, 2023) The applicant was present. There were no objectors present. Staff presented the application to the Board and stated it recommended approval of the requested rear yard setback reduction and the easement encroachment variances per conditions within the staff analysis and report. There was a consent motion to approve the application. The motion was seconded. The application was approved on consent. The vote was 4 ayes, 0 nays and 1 absent. 3 SEPTEMBER 21, 2023 There being no further business before the Board, the meeting was adjourned at 4:06 p.m. Date: Chairman Secretary