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Z-8768 Staff AnalysisMAY 21, 2012 ITEM NO.: 1 File No.: Z-8768 Owner: Centennial Bank / Mary Henson Revocable Living Trust Applicant: William Allen Smith / Smith and Goodson, PLLC Address: 13200 Grassy Drive / 5106 Roble Drive Description: Lots 69-71, Rolling Meadows Addition Zoned: R-2 Variance Requested: Variances are requested from the area provisions of Section 36- 156, the building line provisions of Section 31-12 and the easement provisions of Section 36-11 to allow setback, easement and building line encroachments for existing structures in conjunction with a proposed replat of the properties. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Single Family Residential Proposed Use of Property: Single Family Residential STAFF REPORT A. Public Works Issues: No Comments B. Utility/County Issues: Central Arkansas Water — No objection to easement encroachment. L. R. Wastewater — Outside City limits. No sewer service. Entergy — No objection to existing easement encroachment. CenterPoint Energy — No objection to easement encroachment. AT&T — No comment received as of this writing. Pulaski County — No objection to easement encroachment. MAY 21, 2012 NO.: 1 (C0N'T. C. Staff Analysis: The R-2 zoned property at 13200 Grassy Drive/5106 Roble Drive is comprised of three (3) platted lots and contains two (2) single family residences and several accessory structures as noted below and on the attached site plan: • 13200 Grassy Drive — one (1) story frame single family residence, with a two (2) car wide driveway from Grassy Drive. One (1) story frame accessory building at the southwest corner of the residence. In -ground pool on the south side of the residence. One (1) story accessory structure on the south side of the pool. Small metal storage building on the east side of the pool. • 5106 Roble Drive -_ One (1) story frame single family residence, with a gravel drive from Roble Drive. One (1) story frame accessory building at the northwest corner of the house, with two (2) small frame accessory buildings to the north. One (1) story frame accessory building on the south side of the house. Two (2) one (1) story frame accessory buildings at the southwest corner of the property. The property is located at the southwest corner of Grassy Drive and Roble Drive. The property is located outside the city limits, but within the City's extraterritorial zoning jurisdiction. As noted above, the property is comprised of three (3) platted single family lots. All of the structures as described are existing and no new construction is planned. The applicant is proposing to replat the three (3) lots into two (2) lots, as noted on the attached site plan. The replat is planned in order to split the three (3) lots between the owners of the two (2) residences. Typically a replat of this type is a staff -level procedure. However, several of the accessory buildings are nonconforming with respect to reduced building setbacks and easement encroachment. The replat will label 13200 Grassy Drive as Lot 70A and 5106 Roble Drive as 70B. Before staff can address the replat, the variances for the existing buildings must be confirmed by the Board of Adjustment. The variances needed are as follows: Proposed Lot 70A (13200 Grassy Drive) Section 36-156(a)(2)c. of the City's Zoning Ordinance requires a minimum front setback of 60 feet for accessory buildings, and Section 31-12(b) of the Subdivision Ordinance requires that encroachments across platted building lines be reviewed and approved by the Board of Adjustment. The pool located south of the residence is located 47 feet back from the front (east) property line. The pool house is located 38 feet back from the front property line. The small metal storage building is located approximately 20 feet back from the front property line, crossing the 25 foot front platted building line by approximately five (5) feet. MAY 21, 2012 ITEM NO.: 1 (CON'T. Proposed Lot 70B (5106 Roble Drive) Section 36-156(a)(2)b. requires a minimum separation of six (6) feet between an accessory building and principal structure. Section 36-11(f) requires that easement encroachments be reviewed and approved by the Board of Adjustment. The accessory structure on the south side of the residence is located approximately two (2) feet away from the home. The two (2) accessory structures at the southwest corner of the property are located within a 20 foot wide drainage and utility easement located along the rear (west) property line. The smaller of the two (2) structures also crosses the south property line by approximately three (3) feet. This will tie the two (2) lots (proposed Lot 70B and Lot 68) together, as they have the same ownership, until such a time that the lots are sold separately. At that time, the accessory building must be removed, or a replat to move the south lot line must be completed. Additionally, the accessory building on south side of the residence is located 42 feet from the front (east) property line. Staff is supportive of the requested variances in order to recognize the existing building setback and easement encroachments. Staff views the request as a reasonable. No new building construction is planned. The variances will address issues which have existed on the site for many years, very possibly prior to the City's zoning jurisdiction in this area. The property is located in an area of single family residences on large lots/tracts. Many of the lots contain multiple accessory structures similar to the property in question. The proposed replat will address the existing building line encroachment on Lot 70A, by adjusting the building line to go around the small metal storage structure. Staff believes that confirming the existing setback and easement encroachments will have no adverse impact on the adjacent properties or the general area. D. Staff Recommendation: Staff recommends approval of the requested variances associated with the existing accessory buildings, subject to providing written approval of the easement encroachment from AT&T prior to the replat being submitted to staff. BOARD OF ADJUSTMENT: (May 21, 2012) The applicant was present. There were no objectors present. Staff presented the application with a recommendation of approval, as filed. The item was placed on the Consent Agenda and approved, as recommended by staff, with a vote of 4 ayes, 0 nays and 1 absent.