Z-8711 Staff AnalysisOCTOBER 31, 2011
ITEM NO.: 3
File No.:
Owner/Applicant:
Address:
Description:
Zoned:
Z-8711
Jay and Jane Rogers
5409 Hawthorne Road
Lot 3, Block 9, Newton's Addition
FIM
Variance Requested: Variances are requested from the area provisions of Section 36-
- __254 to allow construction of a_new_residence with reduced front and side setbacks.
Justification: The applicant's justification is presented in an attached letter.
Present Use of Property: Vacant Lot
Proposed Use of Property: Single Family Residential
STAFF REPORT
A. Public Works Issues:
No Comments
B. Building Codes Comments:
The required fire separation distance (building to property line) prescribed by the
building code terminates at five (5) feet. Buildings are allowed to be closer than
five (5) feet if they have properly constructed fire walls which provide the requisite
one (1) hour fire resistance rating. When buildings are five (5) feet or more from
the property line, the requirement no longer applies to the wall itself, only the
projections such as eaves or overhangs.
Openings such as doors and windows are limited when the exterior wall is three (3)
feet from the property line, and are prohibited when the exterior wall is less than
three (3) feet from the line. There is no restriction on openings when the exterior
wall is more than three (3) feet from the property line.
Contact the City of Little Rock Building Codes at 371-4832 for additional details.
C. Staff Analysis:
The R-2 zoned property at 5409 Hawthorne Road is currently a vacant grass -
covered lot. A house which previously existed on the site was removed. An old
one -car wide driveway is located at the northeast corner of the lot.
OCTOBER 31, 2011
ITEM NO.: 3 (CON'T.
The applicants propose to construct a 1 1/2 story single family residence and one-
story detached carport on the lot, as noted on the attached site plan. The
residence will have the appearance of a one-story structure, with living space
within the roof area. The second level living space will contain dormers. The main
front wall of the residence will be located 25 feet back from the front (north)
property line. A covered porch will be located on the front of the house, with a front
setback of 20.3 feet. The porch will be unenclosed on its north, east and west
sides. Steps to the porch will be located approximately 17 feet back from the front
property line. The applicants are proposing to locate the house three (3) feet from
the east side property line in order to provide a driveway along the west side of the
house to access the carport within the rear yard area. The proposed one-story
carport will also be located three (3) feet from the east side property line. It will be
unenclosed on all sides.
Section 36-254(d)(1) of the City's Zoning Ordinance requires a minimum front
setback of 25 feet for R-2 zoned lots. Section 36-254(d)(2) requires a minimum
side setback of five (5) feet. Therefore, the applicant is requesting variances from
these ordinance standards to allow the residence with reduced front and side
setbacks.
Staff is supportive of the requested setback variances. Staff views the request as
reasonable. The proposed residence and accessory carport will not be out of
character with other structures in the area. Only the porch and steps will encroach
into the front setback area. Hawthorne Road has a rather wide right-of-way
(approximately 80 feet), with the front property line being located approximately 23
feet inside the edge of pavement. With respect to the reduced side setback, the
applicant is proposing the setback in order to provide a 10 foot west side setback
to accommodate a driveway to serve the accessory carport structure. The carport
complies with all setback requirements. The overall lot coverage will be only
approximately 42 percent (principal and accessory structures). Staff believes the
proposed new residence will have no adverse impact on the adjacent properties or
the general area. Adequate separation should exist between the proposed
residence and the adjacent residences.
D. Staff Recommendation:
Staff recommends approval of the requested variances, subject to the following
conditions:
1. Compliance with the building codes requirements as noted in Paragraph
B. of the staff report.
2. Guttering must be provided, if applicable, to prevent water run-off onto the
adjacent property to the east.
3. The front porch must remain unenclosed on its north, east and west sides,
OCTOBER 31, 2011
ITEM NO.: 3 CON'T.
BOARD OF ADJUSTMENT: (October 31, 2011)
Jay Rogers was present, representing the application. There were no objectors
present. Staff presented the application with a recommendation of approval.
Jay Rogers addressed the Board in support of the application. Vice -Chairman Smith
asked about the proposed side setback and the reasons for the request. He noted
support of the front setback variance. Mr. Rogers explained that he needed a driveway
on the west side of the residence to access a garage in the rear yard area. He
explained that the driveway needed to be at least 10 feet in width. Vice -Chairman
Smith asked if the house could be reduced in width to provide a five (5) foot setback on
the north side. Mr. Rogers explained that his architect advised him to have the house
designed and request a variance.
Jeff Yates asked if a contractor had been hired. Mr. Rogers stated that he had talked
with a contractor and was awaiting an answer. Mr. Rogers also explained that the
neighbor immediately to the east supported the variance request.
Vice -Chair Smith explained that the variance request was based on advice given to Mr.
Rogers by his architect. He noted that Mr. Rogers was not directly at fault and that he
would support the application.
There was a motion to approve the application, as recommended by staff. The motion
passed with a vote of 3 ayes, 0 nays and 2 absent. The application was approved.