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Z-8777 Staff AnalysisJUNE 25, 2012 ITEM NO.: 5 File No.: Owner: Applicant: Address: Description: Zoned: Z-8777 Chenal Valley Construction Joe Miles 4 Winthrop Point Lot 36, Block 15, Woodlands Edge Addition R-2 Variance Requested: Variances are requested from the area provisions of Section 36- 254 and the building line provisions of Section 31-12 to allow a new residence with a reduced front setback and which crosses a front platted building line. 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. Staff Analysis: The R-2 zoned property at 4 Winthrop Point is occupied by a newly constructed two-story rock, brick and frame single family residence. There is a two -car wide driveway from Winthrop Point at the southwest corner of the lot. The drive accesses a garage at the west end of the residence. The property slopes downward from front to back (south to north). The lot contains a 25 foot front platted building line. The residence is set back from the front property line 20.7 feet to 28 feet, as noted on the attached site plan. It encroaches across the front platted building line by 2.8 to 4.3 feet at corner points along the front of the residence. The applicant notes that the encroachment was not known until an as -built survey was done after the house construction was near completion. JUNE 25, 2012 ITEM NO.: 5 Section 36-254(d)(1) of the City's Zoning Ordinance requires a minimum front setback of 25 feet. Section 31-12(c ) of the Subdivision Ordinance requires that building line encroachments be reviewed and approved by the Board of Adjustment. Therefore, the applicant is requesting variances from these ordinance standards to allow the building addition with reduced front setback and which crosses a front platted building line. Staff is supportive of the requested front setback and building line variances. Staff views the request as a reasonable. It appears obvious that a mistake was made when the foundation of the house was initially laid out on the lot. The mistake was not observed until the residence was near completion. The residence with reduced front setback will not have the appearance of being out of alignment with the other residences along this side of Winthrop Point because of the curvature of the roadway. Staff believes the front setback and building line encroachment will have no adverse impact on the adjacent properties or the general area. If the Board approves the building line variance, the applicant will have to complete a one -lot replat reflecting the change in the platted front building line for the residence. The applicant should review the filing procedure with the Circuit Clerk's office to determine if the replat requires a revised Bill of Assurance. C. Staff Recommendation: Staff recommends approval of the requested setback and building line variances, subject to completion of a one -lot replat reflecting the change in the front platted building line as approved by the Board. BOARD OF ADJUSTMENT: (June 25, 2012) The applicant was present. There were no objectors present. Staff presented the application with a recommendation of approval, with conditions. The item was placed on the Consent Agenda and approved, as recommended by staff with a vote of 5 ayes, 0 nays and 0 absent. 4-24-12 Dear review board, I am writing this to ask for a variance in the building line. It is Lot 36, Block 15 of Woodlands Edge. The address is 4 Winthrop Point in Little Rock. Due to an unknown oversight during or calculation error during construction we encroached on the building line in the front of the property. The left front corner is just over-4 feet to close to the road. The mistake was not discovered until the project was near completion. I take responsibility and assure that this will not happen again. Please allow this variance. The house looks good and fit's the lot well. I believe it does not look out of place or take anything away from the neighborhood. All the neighbors I spoke with do not have an issue with the house placement. Thank you. Sincerely, *Joeles