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HomeMy WebLinkAboutboa_06 24 2019LITTLE ROCK BOARD OF ADJUSTMENT SUMMARY OF MINUTES JUNE 24, 2019 2:00 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 Previous Meetings The Minutes of the May 20, 2019 meeting were approved. Members Present: Richard Bertram - Vice Chair Austin Grinder Joe Justus Carolyn Lindsey Polk Members Absent: Frank Allison - Chairman City Attorney Present: Sherri Latimer LITTLE ROCK BOARD OF ADJUSTMENT AGENDA JUNE 24, 2019 2:00 P.M. OLD BUSINESS: A. Z-9416 2811 N. Taylor Street NEW BUSINESS: 1. Z-3045 -B 3 Edgehill Road 2. Z-9424 5321 Centerwood Road 3. Z-9425 2623 N. Grant Street 4. Z-9426 27 Summerland Court 5. Z-9427 1904 N. Cleveland Street 6. Z-9428 1805 Princeton Drive JUNE 24, 2019 ITEM NO.: A File No.: Z-9416 Owner: Jeff Fuller Homes LLC Applicant: Tim Daters Address: 2811 N. Taylor Street Description: Lot 64, Grandview L1 Addition Zoned: R-2 Variance Requested: Variances are requested from the area provisions of Section 36-254 to allow a new residence with reduced side and rear setbacks. 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 located at 2811 N. Taylor Street is occupied by a two -story brick single family residence which is under construction. The property is located along the east side of N. Taylor Street, between N. Grandview and S. Grandview Streets. A driveway from N. Taylor Street will serve as access to the property. The new house is located 5.9 feet to 7.2 feet back from the north and south side property lines. Three (3) corners of the house are located slightly less than seven (7) feet from the side property lines. The applicant proposes to construct a 10 foot by 19 foot deck, with steps and landing, on the rear of the structure, as noted on the attached site plan. The deck and steps will be uncovered and unenclosed. The deck will be located 13.8 feet back from the rear (east) property line. Section 36-254(d)(2) of the City's Zoning Ordinance requires a minimum side setback of seven (7) feet for this R-2 zoned lot. Section 36-254(d)(3) requires a minimum rear setback of 25 feet. Therefore, the applicant is requesting variances from these ordinance requirements to allow the existing residential structure with reduced side setbacks and the deck addition with a reduced rear setback. JUNE 24, 2019 ITEM NO.: A (CON'T.) Z-9416 Staff is supportive of the requested side and rear setback variances. Staff views the request as reasonable. The side setback encroachments are very minor in nature, ranging from 0.5 foot to 1.1 feet. This represents an encroachment of only seven (7) to 15 percent of the required side setback. Many of the residential lots in this general area are 50 feet wide and require minimum side setbacks of five (5) feet. The proposed deck encroachment into the required rear setback is also a relatively minor issue. The proposed deck will remain uncovered and unenclosed, and should have very little visual impact on the adjacent properties. Staff believes the existing side setbacks of the residence under construction and the proposed rear setback for the uncovered, unenclosed deck should have no adverse impact on the adjacent properties or the general area. C. Staff Recommendation: Staff recommends approval of the requested side and rear setback variances, subject to the deck addition remaining uncovered and unenclosed on its north, south and east sides. Board of Adjustment (May 20, 2019) Staff informed the Board that the application needed to be deferred to the June 24, 2019 agenda based on the fact that an additional variance needed to be requested, with new notification to surrounding property owners. The item was placed on the consent agenda and deferred to the June 24, 2019 agenda. The vote was 4 ayes, 0 noes and 1 absent. Staff Update: This application was deferred to the June 24, 2019 Board of Adjustment agenda due to the fact that an additional variance needed to be requested for the new residence. The additional variance is for a reduced rear setback for new residence. The new residence is located 24.4 feet (northeast corner) to approximately 24.3 feet (southeast corner) back from the rear (east) property line. Section 36-254(d)(3) requires a minimum rear setback of 25 feet. Therefore, the applicant is now requesting a variance for the reduced rear setback for the main rear wall of the residence. Additionally, after further calculations, the proposed rear setback for the deck will be 14.3 feet and not 13.8 feet as noted previously in paragraph B. of the staff report. Staff supports the additional rear setback variance, and continues to support the rear setback variance for the deck addition and the side setback variance for the residence, as noted in paragraph C. of the staff report. The additional requested variance for reduced rear setback is extremely minor in nature, with the encroachment being only 0.6 to 0.7 foot. This reduced rear setback will have no adverse impact on the surrounding properties. 2 JUNE 24, 2019 ITEM NO.: A (CON'T.) Z-9416 Board of Adjustment (June 24, 2019) Jeff Fuller and Patricia and Ed Scott were present, representing the application. There were three (3) objectors present. Staff presented the application with a recommendation of approval. Jeff Fuller addressed the Board in support of the application. He submitted photos of the rear yard area and newly constructed retaining wall along the rear property line. He noted that there would be a six (6) foot high wood fence on top of the retaining wall. He also pointed out that additional landscaping had been installed along the rear property line. Carolyn Lindsey Polk asked where the photos had been taken from. Mr. Fuller noted that they were taken from the rear door of the residence. Sue Gaskin addressed the Board in opposition. She explained that her main concern was the reduced setback of the deck. She noted that the new construction was not in character with the neighborhood. She also noted drainage issues. She suggested steps from the rear door instead of the deck. Christy Ward also spoke in opposition. She expressed concern with noise and privacy issues. She noted that the deck had an adverse impact on the area. Patricia Long also spoke in opposition. She noted that she had a problem with a variance being asked for after construction had begun. Mr. Fuller made additional comments regarding efforts to screen the deck from the properties to the east. In response to a question from the Board, Mr. Fuller noted the retaining wall was permanent. There was a brief discussion regarding how much of the rear yard area was covered with structures. Staff made additional comments regarding the proposed rear setback of the deck. There was a motion to approve the application, as recommended by staff. The motion was approve by a vote of 4 ayes, 0 noes and 1 absent. The application was approved. WHITE - DATERS & ASSOCIATES, INC. 24 Rahling Circle Little Rock, Arkansas 72223 Phone: 501 -821- 1667 www.whitedaters.com May 21, 2019 Mr. Monte Moore Zoning Administrator Little Rock Planning & Development 723 W. Markham Street Little Rock, AR 72201 Re: 2811 N. Taylor Street Dear Mr. Moore: Attached is an application for three residential variance requests for the above noted property to be placed on the Board of Adjustment June 24, 2019 Docket. The owner of this property is requesting a zoning variance for two Rear Yard Setback provisions of Section 36-254(d)(3) of the Little Rock Code of Ordinances to (1) permit the owner to construct an attached 10' x 19' wooden deck to current house under construction, since adding a patio slab would drop it well below floor elevation. Attaching the wooden deck will encroach 1 lft. over the rear yard setback and (2) the home which is currently under construction is encroaching approximately 1 ft. over the rear yard setback. The owner is requesting a variance for the Side Yard Setback provisions of Section 36-254(d)(2) of the Little Rock Code of Ordinances to permit reduced side setbacks for existing house under construction to account for brick added and house encroachment of 0.5 ft. at rear left corner and 1.1 ft. at front right corner over the side yard setbacks. Please let us know if you require any other additional information. Thank you for your assistance. Sincerely, Timothy Daters CIVIL ENGINEERING - LAND PLANNING & DEVELOPMENT - SURVEYING - LANDSCAPE ARCHITECTURE JUNE 24, 2019 ITEM NO.: 1 File No.: Z-3045-B Owner: JBP Revocable Trust Applicant: Vicki Pevahouse Address: 3 Edgehill Road Description: Lot 4, Edgehill Addition Zoned: R-2 Variance Requested: Variances are requested from the area provisions of Section 36-254 to allow a building addition with reduced side and rear setbacks. 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. Buildina 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. JUNE 24, 2019 ITEM NO.: 1 Z-3045-B C. Staff Analysis: The R-2 zoned property located at 3 Edgehill Road is occupied by a two -story brick single family residence. The property is located on the north side of Edgehill Road, east of Beechwood Street. A one-car wide driveway from Edgehill Road is located at the southwest corner of the property. The driveway widens to a two (2) car width and runs along the west property line to the northwest corner of the lot. An in-ground pool is located within the rear yard area, with a pool house at the northeast corner of the property. The residence extends to within 4.1 feet of the rear (north) property line. The front wall of the residence is located approximately 98 feet back from the front (south) property line. The applicant proposes to remove the rear two (2) story portion of the residence and construct a new one (1) story addition, (approximately 2,500 square feet) as noted on the attached site plan. The proposed addition will include a bedroom, bath and two-car garage. The proposed addition will be located four (4) feet back from the rear (north) property line and four (4) feet back from the west side property line. A small porch is proposed at the east end of the proposed addition. A proposed porch addition is also proposed at the west end of the existing residence. Section 36-254(d)(2) of the City's Zoning Ordinance requires a minimum side setback of eight (8) feet for residences in R-2 zoning. Section 36-254(d)(3) requires a minimum rear setback of 25 feet. Therefore, the applicant is requesting variances from these ordinance standards to allow the proposed addition with reduced side and rear setbacks. Staff does not support the side and rear setback variances as requested. Staff is not comfortable with supporting the requested rear setback variance. Although the existing house is located very far back on the lot, the requested rear setback of four (4) feet is a very substantial encroachment; 84 percent encroachment into the required setback. The proposed addition would also be located relatively close to an existing building on the property immediately to the north. Staff also has concerns with the overall massing of the proposed addition in the rear yard area. The existing pool and pool house occupy a large portion of the rear yard area. The proposed addition will essentially occupy the remaining rear yard area, leaving virtually no rear yard area, except the deck area around the pool. Staff is not comfortable in supporting the addition as requested. D. Staff Recommendation: Staff recommends denial of the requested setback variances. 2 JUNE 24, 2019 ITEM NO.: 1 Z-3045-B Board of Adjustment (June 24, 2019) Staff informed the Board that the staff recommendation had changed on this item. Staff recommended approval of the application, subject to compliance with the Building code requirements as noted in paragraph B. of the staff report. The item was placed on the consent agenda and approved as recommended by staff. The vote was 4 ayes, 0 noes and 1 absent. 3 To Whom it May Concern: My husband and I would like to tear down the two-story back part of our house and replace it with a one-story addition. Our master bedroom and bath is currently upstairs, but my husband was in an accident and he can no longer easily negotiate the stairs. We need a bedroom and bath on the main level. The one-story addition would be built on the existing footprint of what we would be removing. We would like to add a two car garage at the end of our driveway that would connect to the new addition for security purposes. Our cars have been broken into numerous times in the past. For the garage to be wide and deep enough we need to build about four feet from the property line. The space is tight and we are trying to maneuver around the corner of the existing house. Our plans also include a remodel of our outdated kitchen. Thank you for your consideration, Vicki and Joe Pevahouse JUNE 24, 2019 ITEM NO.: 2 File No.: Z-9424 Owner: John and Tiffany Lindsey Applicant: Fred Lord Address: 5321 Centerwood Road Description: Lot 107 and part of Lot 108, Prospect Terrace No. 2 Addition Zoned: R-2 Variance Requested: A variance is requested from the area provisions of Section 36-156 to allow a covered patio with a reduced separation from an accessory structure. 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 located at 5321 Centerwood Road is occupied by a two- story brick and frame single family residence. A one-car wide driveway from Centerwood Road is located at the northeast corner of the lot. The driveway extends along the east side of the residence to a carport (accessory structure) in the rear yard area. There is a patio area between the house and the accessory carport structure. The applicant proposes to cover the existing patio area with a flat roof. The roof cover will extend to the accessory carport structure, but will not be attached to the carport. The proposed flat roof over the patio area will be approximately four (4) feet higher than the carport roof. The proposed covered patio area will be unenclosed on its east and west sides. Section 36-156(a)(2) of the City's Zoning Ordinance requires a minimum separation of six (6) feet between a principal structure and an accessory structure in residential zoning. Therefore, the applicant is requesting a variance to allow the covered patio addition to the principal structure with no separation from the accessory carport structure. 3 MAY 20, 2019 ITEM NO.: 2 (CON'T.) Z-9424 Staff is supportive of the requested separation variance. Staff views the request as reasonable. The applicant simply requests to cover an existing patio area between the house and accessory carport structure. The proposed roof cover will be located 17 feet back from the east side property line and 38 feet from the west side property line. There will be no other changes to the principal or accessory structures. The proposed patio roof addition will be located within an interior portion of the rear yard area and will have very little visibility from the adjacent properties. The proposed covered patio with reduced separation from the accessory structure should have no adverse impact on the adjacent properties or the general area. C. Staff Recommendation: Staff recommends approval of the requested variance for reduced building separation, as filed. Board of Adjustment (June 24, 2019) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval as outlined in the "staff recommendation" above. There was no further discussion. The item was placed on the consent agenda and approved as recommended by staff, including all staff comments and conditions. The vote was 4 ayes, 0 noes and 1 absent. 2 Fred Lord Builder Inc. P.O. Box 17567, Little Rock, AR 72222-7567 501 -821 -1212 flbldr @aol.com To: City of Little Rock Planning and Development Re: 5321 Centerwood Dear Mr. Moore- The owners at 5321 Centerwood, Lot 107 and the E1/2 of lot 108, Prospect Terrace No 2 are seeking a variance from the separation requirement between main structures and outbuildings in order to install a roof between their house and carport to cover their existing outdoor living area. Owners feel that this will have no negative impact on any of their neighbors, and will let them enjoy their outdoor living area more frequently and effectively. Thank you for consideration of this matter. Sincerely, Fred Lord Agent for John and Tiffany Lindsey, Owners JUNE 24, 2019 ITEM NO.: 3 File No.: Z-9425 Owner: Jeff Fuller Homes, LLC Applicant: Scott Girner Address: 2623 N. Grant Street Description: Lot 1, Block 22, Park View Addition Zoned: R-2 Variance Requested: Variances are requested from the area provisions of Section 36-156 to allow a pool with reduced separation from the principal structure, a detached garage with reduced street side setback and pool and garage with increased rear yard coverage. 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 Analvsis: The R-2 zoned property located at 2623 N. Grant Street is occupied by a single family residence which is currently under construction. The property is located at the southeast corner of N. Grant Street and "Y" Street. The new residence will have a height of two (2) stories, with a hardy siding exterior. The residence conforms with all building setback requirements. As part of the project, the applicant proposes to construct 17 foot by 28 foot in- ground pool near the southeast corner of the property. The pool will be four (4) feet back from the rear (east) property line and six (6) feet back from the south side property line. The pool will be separated from the residence (covered deck area) by approximately four (4) feet. The applicant also proposes to construct a 16.66 foot by 20.66 foot accessory garage structure near the northeast corner of the lot. The garage will be located three (3) feet back from the rear (east) property line and 6.5 JUNE 24, 2019 ITEM NO.: 3 (CONT.) Z-9425 feet back from the north (street side) property line. The garage will be separated from the house by 11.4 feet and the pool by eight (8) feet. A driveway from "Y" Street will serve the garage structure. The proposed pool and garage structures will occupy approximately 47 percent of the required rear yard area (rear 25 feet of the lot). Section 36-156(a)(2)b. of the City's Zoning Ordinance requires a minimum separation of six (6) feet between an accessory structure and a principal structure. Section 36-156(a)(2)c. allows a maximum rear yard coverage of 30 percent of the rear 25 feet of the lot for accessory structures. Section 36-156(a)(2)c. also requires a minimum street side setback of 15 feet for accessory structures in R-2 zoning. Therefore, the applicant is requesting variances from these ordinance requirements to allow the accessory pool structure with a reduced separation from the principal structure, the accessory garage structure with a reduced street side setback, and the pool and garage structures with a combined increased rear yard coverage. Staff is supportive of the requested separation, coverage and setback variances. Staff views the request as reasonable. The proposed lot development will not be out of character with many other lots throughout this neighborhood. The overall massing of structures on this lot will be very similar to other properties in the area. The proposed rear yard coverage is 47 percent. The Hillcrest Design Overlay District, located a short distance to the south, allows a maximum rear yard coverage of 40 percent. Additionally, the reduced separation for the pool will be to a covered deck portion of the principal structure. Staff believes that the proposed pool and garage accessory structures will have no adverse impact on the adjacent properties or the general area. C. Staff Recommendation: Staff recommends approval of the separation, coverage and setback variances, as filed. Board of Adjustment (June 24, 2019) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval as outlined in the "staff recommendation" above. There was no further discussion. The item was placed on the consent agenda and approved as recommended by staff, including all staff comments and conditions. The vote was 4 ayes, 0 noes and 1 absent. 2 POOLS byALOHA .com 4721 Hillard Road North Little Rock, AR 72118 Dear Sir: We are requesting a variance for a swimming pool at Lot 2 Block 22, Parkview Addition. The addition of the swimming pool exceeds the 30%. The pool will be gunite, tile and precast coping. Thank you for your consideration. Scott Girner Elite Pools by Aloha GENESIS BUILDER Phone: 501. 758. 7665 Smart Pool™ scott@alohapools.com JUNE 24, 2019 ITEM NO.: 4 File No.: Z-9426 Owner /Applicant: Daniel Harper Address: 27 Summerland Court Description: Lot 394, Sturbridge Addition Zoned: R-2 Variance Requested: A variance is requested from the fence provisions of Section 36 -516 to allow a fence which exceeds the maximum height allowed. 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 located at 27 Summerland Court is occupied by a two-story brick and frame single family residence. The property is located on the east side of Summerland Court, south of Old Forge Drive. The property backs up to Reservoir Road. The rear yard is fenced with a six (6) foot high wood fence. The applicant proposes to construct an eight (8) foot high wood fence along the rear (east) property line where abutting the Reservoir Road right-of-way. The existing six (6) foot wood fence which exists along the north and south side property lines will remain. The taller fence is proposed due to safety and security concerns as well as a desire to reduce the road traffic noise from Reservoir Road. Section 36-516(e)(1)a. of the City's Zoning Ordinance allows a maximum fence height of six (6) feet in residential zones, with a maximum height of four (4) feet for fences located between a building setback line and a street right-of-way. Therefore, the applicant is requesting a variance to allow the wood fence within the rear 25 feet (required rear building setback) of the lot, which backs up to Reservoir Road, with a height which exceeds four (4) feet. JUNE 24, 2019 ITEM NO.: 4 (CON'T. ) Z-9426 Staff is supportive of the requested fence height variance. Staff views the request as reasonable. The property backs up to Reservoir Road which is a fairly busy street. The taller fence will not only provide better security for the single family lot, but will also reduce the noise level from the Reservoir Road traffic. The fence will not be out of character with the neighborhood. On May 19, 2014 the Board of Adjustment approved a variance to allow an eight (8) foot high wood fence along the rear property line of 29 Summerland Court, the property immediately to the south which also backs up to Reservoir Road. Staff believes the proposed fence height will have no adverse impact on the adjacent properties or the general area. C. Staff Recommendation: Staff recommends approval of the requested fence height variance, as filed. Board of Adjustment (June 24, 2019) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval as outlined in the "staff recommendation" above. There was no further discussion. The item was placed on the consent agenda and approved as recommended by staff, including all staff comments and conditions. The vote was 4 ayes, 0 noes and 1 absent. 2 Daniel V Harper 27 Summerland Court Little Rock, AR 72227 May 21, 2019 Department of Planning and Development Board of Adjustment City of Little Rock Board of Adjustment 723 West Markham Little Rock, AR 371-4790 Dear Department of Planning and Development Board of Adjustment: I am writing this letter to complete an application for a residential zoningvariance, and to provide you with my proposal and justification and reason for requesting a variance from the requirements of the Zoning Ordinance. I am proposing to construct an eight foot fence along the back of my property, bordering Reservoir Road, along the lot line demonstrated in the attached survey, and in continuity with my neighbors eight -foot fence, for which he received permission for a variance a few years ago. The reasons for making this request for variance from the Zoning Ordinance limiting the height to a six -foot fence is to provide the following: 1. Additional safety and security to the property and personal belongings from commuters traveling by foot up and down the pathway along the back property line along Reservoir Road. 2. Provide additional privacy, as the current six-footfence is low enough to see through the upstairs shower window from Reservoir Road, and two additional feet in height to the fence would be sufficientto provide privacy to this line of sight. 3. Reduce road traffic noise heard in the house and back yard. 4. Furthermore, it is believed that having continuity with the neighbors' current eight -foot fence will provide better curb appeal from Reservoir Road and reflect more nicely upon the neighborhood to those passing along that road. Thank you for taking this application into consideration. I look forward to hearing back from you with the Boards decision. Sincerely, Daniel V Harper JUNE 24, 2019 File No.: Z-9427 Owner: Mark and Amy Sikes Applicant: Katie Bruhl Address: 1904 N. Cleveland Street Description: Lot 4 and part of Lot 5, Block 2, Forest Park Addition Zoned: R-2 Variance Requested: Variances are requested from the area provisions of Sections 36 -254 and 36 -156 to allow an addition to an existing house with reduced side setback and an accessory carport structure with reduced side setback and separation from the principal structure. 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. 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. JUNE 24, 2019 ITEM NO.: 5 (CON'T.) Z-9427 C. Staff Analysis: The R-2 zoned property located at 1904 N. Cleveland Street is occupied by a one - story brick and frame single family residence. The property is located on the west side of N. Cleveland Street, between Kavanaugh Blvd. and "R" Street. A one-car wide driveway from N. Cleveland Street is located at the northeast corner of the property. The driveway extends along the north side of the house to a one-car garage at the northwest corner of the residence. A single car carport is attached to the east end of the garage structure. The applicant proposes to construct a one -story, 1,000 square foot addition to the rear (west end) of the existing residence, as noted on the attached site plan. The proposed addition will be one (1) story in height, with finished living space within the attic area. The proposed addition will be located four (4) feet to 4.5 feet back from the south side property line and approximately 15 feet from the north side property line. The addition will be located over 50 feet back from the rear (west) property line. A 10 foot wide deck will be located on the rear of the addition, also noted on the attached site plan. The proposed deck will be uncovered and unenclosed, and located approximately 47 feet from the rear (west) property line and 3.5 feet from the south side property line. The applicant also proposes to reconstruct the carport portion of the accessory garage /carport structure. The reconstructed carport will maintain the same foot print as the existing carport. It will be located two (2) feet to 2.5 feet from the north side property line and separated from the proposed house addition by one (1) foot. The carport will be located approximately 68 feet back from the front (east) property line. The carport will be unenclosed on its north and east sides. Section 36-254(d)(2) of the City's Zoning Ordinance requires a minimum side setback of six (6) feet for the principal structure on this R-2 zoned lot. Section 36- 156(a)(1)f. requires a minimum side setback of three (3) feet for accessory structures in residential zoned areas. Section 36-156(a)(1)b. requires a minimum separation of six (6) feet between a principal structure and an accessory structure. Therefore, the applicant is requesting variances from these ordinance requirements to allow the building addition and deck with a reduced side setback, and the carport reconstruction with a reduced side setback and reduced separation from the principal structure. Staff is supportive of the requested variances. Staff views the request as reasonable. The proposed addition to the house and reconstruction of the carport structure will maintain the same side setbacks as the existing house and carport. The proposed side setbacks will not be out of character with other properties throughout this neighborhood. Ample separation will exist between the proposed additions and the nearest structures to the north and south. Staff believes the proposed addition with reduced side setback and separation will have no adverse impact on the adjacent properties or the general area. 2 JUNE 24, 2019 ITEM NO.. 5 (CON'T.) Z-9427 D. Staff Recommendation: Staff recommends approval of the requested setback and separation variances, subject to the following conditions: 1. Compliance with the Building Codes requirements as noted in paragraph B. of the staff report. 2. The deck addition must remain uncovered and unenclosed. 3. The carport must remain unenclosed on its north and east sides. Board of Adjustment (June 24, 2019) Staff informed the Board that the applicant submitted a letter to staff on June 17, 2019 requesting the application be deferred to the July 29, 2019 agenda. Staff supported the deferral request. The item was placed on the consent agenda and deferred to the July 29, 2019 Agenda. The vote was 4 ayes, 0 noes and 1 absent. 3 May 20, 2019 Department of Planning and Development Board of Adjustment 723 West Markham Little Rock, AR Re: 1904 N. Cleveland Street I am writing this letter in regards to my application for a building variance at 1904 N. Cleveland Street. The intention is to remove a previous addition to our single-family residence and replace it with a new addition and renovation of the existing house. The addition to be removed is approximately 27' wide by 10' deep. We would like the new addition to align with the walls of the original house, approximately 40' wide, and extend 25' from the original house. We would also like to include a deck and a new carport to replace the existing carport attached to our garage. On the attached site plan, you can see that aligning the walls of the addition with the original house will fall within the building setback on the South side of our property, and the carport replacement will fall within the North setback. The proposed addition and renovation will remain in similar character of the neighborhood. We feel that aligning the addition with the original house will give the entire house a more cohesive appearance, less like an addition. Please let us know if you require any additional information. Thank you, Amy Sikes JUNE 24, 2019 ITEM NO.: 6 File No.: Z-9428 Owner /Applicant: Dorothy Johnson Address: 1805 Princeton Drive Description: Lot 134, Pine Forest Addition Zoned: R-3 Variance Requested: Variances are requested from the area provisions of Section 36-255 and the building line provisions of Section 31-12 to allow porch steps with a reduced front setback and porch and steps which cross 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-3 zoned property located at 1805 Princeton Drive is occupied by a one-story frame single family residence which is currently under construction. The new residence is 1,424 square feet in area and replaces a single family house which was previously destroyed by a fire. A one-car wide driveway from Princeton Drive is located at the northwest corner of the lot and leads to carport on the north end of the residence. The lot contains a 35 foot front platted building line. The applicant proposes to add a 10.4 foot by 14.5 foot front porch to the new residence, as noted on the attached site plan. The proposed porch will be covered and unenclosed on its north, south and west sides. The proposed porch will cross the front platted building line by approximately 10 feet, resulting in a front setback of 25 feet. The porch steps will be located approximately 23.5 feet back from the front (west) property line. Section 36-255(d)(1) of the City's Zoning Ordinance requires a minimum front setback of 25 feet. Section 31-12(b) of the Subdivision Ordinance requires that building line encroachments be reviewed and approved by the Board of Adjustment. JUNE 24, 2019 ITEM NO.: 6 (CON'T.) Z-9428 Therefore, the applicant is requesting variances from these ordinance standards to allow the porch addition with reduced front setback (steps only) 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 reasonable. Although the residences to the north and south along Princeton Drive seem to meet the 35 foot front setback as platted, the proposed encroachment of the unenclosed porch represents a very minor encroachment across the 35 foot front platted building line. The front wall of the new residence is located behind the platted building line. The proposed porch meets the 25 foot front setback, as typically required in R-3 zoning. Therefore, staff believes the proposed unenclosed front porch will have no adverse visual impact on the adjacent properties, and should add street appeal to this residence along Princeton Drive. 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 porch addition. 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 the following conditions: 1. Completion of a one-lot replat reflecting the change in the front platted building line as approved by the Board. 2. The porch addition must remain unenclosed on its north, south and west sides. Board of Adjustment (June 24, 2019) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval as outlined in the "staff recommendation" above. There was no further discussion. The item was placed on the consent agenda and approved as recommended by staff, including all staff comments and conditions. The vote was 4 ayes, 0 noes and 1 absent. 2 Dorothy Johnson 1805 Princeton Drive Little Rock, AR 72204 To all concerned parties: This is the cover Letter for a residential zoning variance application for 1805 Princeton Drive. I had a fire at my residence on November 29, 2015 that resulted in the death of my husband Israel Johnson. I hired a contractor to re-construct my home. He began work on November 16, 2016, and at the time he advised me that the under pinning of my house was leaning and needed to be torn out, and that he would need to demolish the house, with the exception of the outer perimeter of my foundation. I didn't know at the time that he was not a licensed contractor, and that he did not pull the necessary building permit to perform the work on my house. He kept asking for payment and I paid him, again unaware of the illegal manner in which he was working. Ultimately, he got the house to the rough in state, and ran off with over one hundred thousand dollars. His last performed work was in October of 2017. 1 have been without of a home since 2015. When he re-constructed my home, he put the porch and steps leading to the front door over the building line. Sincerely, Dorothy Johnson BOARD OF ADJUSTMENT VOTE RECORD DATE: MEMBER ALLISON, FRANK �- BERTRAM, JAMES vW GRINDER, AUSTIN i (��` ✓ JUSTUS, JOE ✓ LINDSEY POLK, CAROLYN ✓ 1 I I I I I TIME IN AND TIME OUT ALLISON, FRANK BERTRAM, JAMES GRINDER, AUSTIN IUSTUS, JOE LINDSEY POLK, CAROLYN I AYE NAYE &, ABSENT ABSTAIN Meeting Adjourned i 3`'1 P.M. JUNE 24, 2019 There being no further business before the Board, the meeting was adjourned at 2:34 p.m. Date: Chairman Secretary