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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.