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HomeMy WebLinkAboutboa_12 09 2019LITTLE ROCK BOARD OF ADJUSTMENT SUMMARY OF MINUTES DECEMBER 9, 2019 2:00 P.M. I.Roll Call and Finding of a Quorum A Quorum was present being five (5) in number. II.Approval of the Minutes of the Previous Meetings The Minutes of the October 28, 2019 meeting were approved. Members Present: Frank Allison -Chairman Richard Bertram -Vice Chair Austin Grinder Joe Justus Carolyn Lindsey Polk Members Absent: None City Attorney Present: Sherri Latimer LITTLE ROCK BOARD OF ADJUSTMENT AGENDA DECEMBER 9, 2019 2:00 P.M. I.OLD BUSINESS: A Z-9461 2100 Country Club Lane II.NEW BUSINESS: 1.Z-9364-A 1801 N. Harrison Street 2.Z-9392-A 10 Turtle Creek Lane 3.Z-9474 5 Westchester Cove 4.Z-9475 5420 Centerwood Road 5.Z-9476 2819 N. Fillmore Street 6.Z-9477 5401 Southwood Road 7.Z-9478 5224 Hawthorne Road DECEMBER 9, 2019 ITEM NO.: A File No.: Z-9461 Owner: Franks Joint Revocable Trust Applicant: Ellen Yeary Address: 2100 Country Club Lane Description: Lot 1 and part of Lot 2, Block 3, Country Club Heights Addition Zoned: R-2 Variance Requested: A variance is requested from the area provisions of Section 36-254 to allow a building addition with reduced rear setback. 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 2100 Country Club Lane is occupied by a two­- story brick and frame single family residence. The property is located at the northwest corner of Country Club Lane and Stonewall Road. A driveway from Stonewall Road at the southwest corner of the property serves as access and leads to a carport at the west end of the residence. The applicant proposes to construct two (2) additions to the existing residence and a swimming pool within the rear yard area, as noted on the attached site plan. A screened porch addition is proposed on the north side of the residence. This addition will maintain a 7.5 foot side setback and will be located over 25 feet back from the rear (west) property line. The applicant also proposes to enlarge and enclose the existing carport portion of the residence, converting the area to a garage. The existing carport will be enlarged to the west, with a small golf cart garage portion on the west end of the addition. The garage addition will be located 14 feet to 21 feet from the south side property line and 5.5 feet from the west (rear) property line. A 15 foot by 20 foot swimming pool will also be constructed near the northwest corner of the property. It will be located six (6) feet from the principal structure, three (3) feet from the rear (west) property line and 13.5 feet from the south side property line. DECEMBER 9, 2019 ITEM NO.: A (CONT.) Z-9461 Section 36-254(d)(3) of the City's Zoning Ordinance requires a minimum rear setback of 25 feet for this R-2 zoned lot. Therefore, the applicant is requesting a variance to allow the garage addition with a reduced rear setback. Staff is supportive of the requested variance to allow a reduced rear setback. Staff views the request as reasonable. Only the golf cart garage portion of the addition will be located 5.5 feet from the rear (west) property line. The main body of the garage will be located 16 feet back from the rear property line. The proposed addition with reduced rear setback will not be out of character with the neighborhood. There are other residences within this general area which have been added onto with reduced rear setbacks. Staff believes the proposed garage addition with reduced rear setback will have no adverse impact on the adjacent properties or the general area. C.Staff Recommendation: Staff recommends approval of the requested rear setback variance, as filed. Board of Adjustment (October 28, 2019) Staff informed the Board that the application needed to be deferred to the December 9, 2019 agenda, due to the fact that the applicant failed to complete notifications to surrounding property owners as required. The item was placed on the consent agenda and deferred to the December 9, 2019 agenda. The vote was 3 ayes, O noes and 2 absent. Board of Adjustment (December 9, 2019) The applicant was present. There were no objectors present. Staff presented the application with a recommendation of approval. There was no further discussion. The item was placed on the consent agenda and approved, as recommended by staff. The vote was 5 ayes, 0 noes and O absent. 2 Yeary Lindsey Architects September 30, 2018 Mr. Monte Moore Department of Planning and Development 723 West Markham Little Rock, AR 72201 Re: Hayden and Lynne Franks Variance Request 2100 Country Club Lane Little Rock, AR 72207 Dear Monte, Please find attached our submittal to the Little Rock Board of Adjustments requesting a rear yard setback variance for the property at 2100 Country Club Lane. Our clients are asking to be allowed to reduce the rear yard setback for an addition to convert an existing carport to a garage structure with an attached golf cart garage. This addition to the west end of the house would reduce the rear yard setback from 25' to 5.5' from the west property line. The existing carport structure will be expanded to accommodate 2 cars with separate garage doors and the golf cart structure will be substantially less than the full depth of the proposed garage. A variance is needed so that the existing carport in its' present location may be converted to a garage with an entry stair from the garage level to first floor level mudroom to the east of the garage. The golf cart garage is only 16' x 10' and will be pushed toward the north 7' from the south face of the proposed garage. If you have any questions or need further information, please feel free to contact me. We appreciate your consideration of our request. Thank you. Sincerely, Ellen Yeary, AIA 3416 Old Cantrell Road Little Rock, Arkansas 72202 501-372-5940 Fax: 501-663-0043 DECEMBER 9, 2019 ITEM NO.: 1 File No.: Z-9364-A Owner/Applicant: Christopher and Charlotte Gomlicker Address: 1801 N. Harrison Street Description: Northwest corner of N. Harrison Street and Cantrell Road Zoned: R-2 Variance Requested: Variances are requested from the area provisions of Section 36-156 to allow an accessory structure with reduced side setback and 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 Analysis: On October 29, 2018, the Board of Adjustment approved the applicant's request to allow construction of a 24.2 foot by 27 foot garage within the rear yard area of this lot. The garage was proposed to be located eight (8) feet from the rear property line and 8.5 feet from the street side (Cantrell) property line. The garage was to cover 39 percent of the required rear yard area. Section 36-156(a)(2)c. of the City's Zoning Ordinance requires that accessory structures in residential zones be located at least 15 feet from street side property lines. This same section also allows a maximum rear yard coverage of 30 percent. Staff supported the requested variances as not being out of character for the neighborhood. It was also noted that the Hillcrest DOD, located not far to the south, allowed 40 percent rear yard coverage. The structure has been constructed as approved. It was subsequently discovered by staff that the applicants added a 9.7 foot by 21.4 foot unenclosed, lean-to cover onto the north side of the new garage building. The addition is built to within ½ foot of the north side property line. The code requires a three (3) foot side yard. December 9, 2019 ITEM NO.: 1 (CONT.) Z-9364-A The addition has also increased the rear yard coverage to 56 percent, well above the allowable 30 percent and the 39 percent previously granted by the Board. Staff is not supportive of this new variance request. Although the lean-to addition is unenclosed, the resulting rear yard coverage substantially exceeds the prior Board approval and exceeds the rear yard coverage that is typical for the area. Additionally, the slope of the roof and its proximity to the side property line may result in water run-off onto the neighboring property. C.Staff Recommendation: Staff recommends denial. Board of Adjustment (December 9, 2019) Staff informed the Board that the applicant requested this application be deferred to the January 27, 2020 agenda. Staff supported the deferral request. The item was placed on the consent agenda and deferred to the January 27, 2020 agenda. The vote was 5 ayes, 0 noes and 0 absent. 2 DECEMBER 9, 2019 ITEM NO.: 2 File No.: Z-9392-A Owner: KATV, LLC Applicant: Mark Rose Address: 10 Turtle Creek Lane Description: Northwest corner of Turtle Creek Lane and Riverfront Drive Zoned: O-3 Variance Requested: A variance is requested from the tower provisions of Section 36-201 to allow a ground-mounted broadcast tower which exceeds the maximum height allowed. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: General Office Proposed Use of Property: General Office and Broadcast Studio STAFF REPORT A.Public Works Issues: No Comments B.Landscape and Buffer Issues: 1.Site plan must comply with the City's minimal landscape and buffer ordinance requirements. 2.All existing landscape areas and mature vegetation to remain shall be protected as per City of Little Rock Landscape Ordinance (Sec. 15-100). Any trees or vegetation located in close proximity to construction shall have the area within the dripline fenced and protected from development activities. Any existing landscape or irrigation disturbed by construction shall be repaired or replaced before completion and final acceptance of the project. 3.The City Beautiful Commission recommends preserving as many existing trees as feasible on this site. Credit toward fulfilling Landscape Ordinance requirements can be given when preserving trees of six (6) inch caliper or larger. DECEMBER 9, 2019 ITEM NO.: 2(CON'T.) Z-9392-A C.Staff Analysis: The 0-3 zoned property at 10 Turtle Creek Lane is occupied by a two-story office building located within the south half of the overall 3.98 acre property. The property is located on the north side of Turtle Creek Lane, between Brookwood Drive and Riverfront Drive. A driveway from Turtle Creek Lane and a driveway from Brookwood Drive serve as access to the property. Paved parking is located on the south and west sides of the building. The north half of the overall property is undeveloped and grass covered. Sinclair Broadcast Group/KA TV has acquired this property at 10 Turtle Creek Lane, with the intent of relocating their broadcast studio from its current location at 410 Main Street. As part of the relocation, the applicant proposes to construct a 11 O foot tall broadcast tower within the undeveloped, north portion of the property, as noted on the attached site plan. The proposed tower will be a self-supporting metal truss frame tower. The proposed tower will be located well over 100 feet back from the building and all property lines. The tower structure finish will be galvanized steel. A small antenna or dish will be attached to the tower structure near the top, but will not extend past the top of the 110 foot tall tower. Section 36-201(e)(1)a. of the City's Zoning Ordinance allows a maximum tower height of 75 feet for metal ground-mounted towers. Therefore, the applicant is requesting a variance to allow the proposed tower with increased height. Staff is supportive of the requested tower height variance. Staff views the request as reasonable. The proposed tower height of 110 feet will not be out of character with the heights of other buildings and tower structures in this general area. Signal Media Radio at 2400 Cottondale Lane has a 154 foot tall broadcast tower. There are also several multi-story buildings in this area along Riverfront Drive. The applicant notes that studies were conducted and it was determined that the absolute minimum tower height that will work for this location is 110 feet. Staff believes the proposed 110 foot tall tower at this location will have no adverse impact on the adjacent properties or the general area. Earlier this year, Sinclair filed for a tower height variance to allow a 100 feet tall tower. After the item was deferred through a couple of Board meetings, Sinclair withdrew the application. They subsequently obtained a building permit and constructed a tower within the allowable height limit of 75 feet. Design of the tower is such that, if approved, the additional height can be added on to it. D.Staff Recommendation: Staff recommends approval of the requested tower height variance. 2 DECEMBER 9, 2019 ITEM NO.: 2(CON'T.) Z-9392-A Board of Adjustment (December 9, 2019) Mark Rose, Joe White and Patrick Spivey were present, representing the application. There were several objectors present. Staff presented the item with a recommendation of approval. Mark Rose addressed the Board in support of the application. He explained that the need for the additional tower height was to reach the Regions Bank building downtown with a signal. He explained the search for a new location for the broadcast studio and reasons for choosing this location. Patrick Spivey, representing Sinclair Broadcast Group, also spoke in support. He described the proposed tower height and the broadcast needs for this location. He explained the signal options which were explored for the broadcast studio. He noted that the existing signal media tower in the area is over 150 feet in height. Joe White also spoke in support. He presented graphics/photos to the Board depicting the proposed tower height and explained the graphics/photos. He explained that the proposed tower height would be compatible with other structures, poles, trees, etc. in the area. He explained that the proposed tower height would not block the view of the river from properties to the west. The graphics and proposed tower height were briefly discussed. Bill Brierley addressed the Board in opposition. He objected to the fact that the proposed tower would be lattice-type construction, and further explained his objection. Bob McKuin also spoke in opposition. He noted that he would be interested to know what broadcast options had been explored by KA TV. He explained the history of the proposed tower to be located at this location. He discussed other broadcast options which were available. He explained that the proposed tower would have an adverse impact on other properties in the area. Jim Gaston also spoke in opposition. He described development in the Riverdale area and the history of the area. He noted that the tower would not be compatible with the area. Jack Cherry also spoke in opposition. He explained that the tower would not be compatible with the area. He noted that the applicant should have met with the residents in the area. Mr. Spivey explained that the persons who were opposed did not want a tower on the property. Austin Grinder asked if KATV had considered other broadcast alternatives. Mr. Spivey explained that the microwave broadcast tower was the best option for this location. There was brief additional discussion. Mr. McKuin made additional comments related to the use of fiber optics instead of microwave broadcast. There was a motion to approve the application as recommended by staff. The motion passed by a vote of 3 ayes, 2 noes and O absent. The application was approved. 3 DECEMBER 9, 2019 ITEM NO.: 3 File No.: Z-9474 Owner: Latrice Goodgame Special Needs Trust Applicant: Chris Ford, First Security Bank Address: 5 Westchester Cove Description: Lot 34, Westchester Subdivision, Phase Ill 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: At some point, prior to the current property owner acquiring the property in 2011, the rear yard of the single family residential property at 5 Westchester Cove was enclosed with an eight (8) foot tall wood privacy fence. Section 36-516 of the zoning ordinance limits the height of fences in residential zones to six (6) feet. No variance was approved for the increased fence height. By 2016, the fence had become old and dilapidated. The applicant paid to have new, replacement fencing installed in October 2016. The new fence was constructed to the same dimensions and in the same location as the previous fence. However, the contractor failed to obtain a permit for the new fence and no variance was given to allow the eight (8) foot tall fence. The issue came to the City's attention in mid 2019 and the applicant was advised to seek a variance. Staff is supportive of the requested variance. In addition to the justification presented by the applicant, eight (8) feet tall rear yard fences are becoming DECEMBER 9, 2019 ITEM NO.: 3 (CON'T.) Z-9474 somewhat more common. It is not a request that is unusual. Apparently, an eight (8)foot tall fence existed on the site for a number of years; enough so that the fence had become old and dilapidated. Allowing the new fence, of the same height and in the same location, appears to staff to be a reasonable request. C.Staff Recommendation: Staff recommends approval of the requested fence height variance subject to compliance with the following conditions: 1.Compliance with Public Works comment in paragraph A. 2.A building permit must be obtained for the fence. Board of Adjustment (December 9, 2019) The applicant was present. There were no objectors present. Staff presented the application with a recommendation of approval. There was no further discussion. The item was placed on the consent agenda and approved, as recommended by staff. The vote was 5 ayes, 0 noes and O absent. 2 DECEMBER 9, 2019 ITEM NO.: 4 File No.: Z-9475 Owner: Brizzolara Living Trust and Etal Applicant: Aristo Brizzolara Address: 5420 Centerwood Road Zoned: R-2 Variance Requested: A variance is requested from the area provisions of Section 36-156 to allow an accessory structure with a reduced front setback (double frontage lot). 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 5420 Centerwood Road has frontage on three (3)streets; Wildwood (side), Centerwood (front) and "O" Street (rear). It is classified as a double frontage lot. The applicants are requesting approval of a variance to allow for construction of a 10 foot by 12 foot storage building at the rear of the property, adjacent to the "O" Street perimeter. Section 36-156 of the City's Zoning Ordinance requires accessory buildings in residential zones to have a setback of at least 60 feet from the front property line. For double frontage lots, the setback requirement applies to both frontages. Staff is supportive of the requested variance. Apparently, there has been a smaller storage building in this location for some time. The building is virtually hidden from view from "O" Street by dense vegetation along the perimeter of the site. "O" Street functions much like an alley along the rear of the properties which front onto Centerwood. Most of the properties along Centerwood have accessory structures at the rear of their lots, adjacent to "O" Street. There are no residential properties across "O" Street which face onto "O" Street. An elementary school campus occupies the block across from this property. The couple of residences on "O" Street to the northeast front to the side streets. DECEMBER 9, 2019 ITEM NO.: 4 (CONT.) Z-9475 C.Staff Recommendation: Staff recommends approval of the requested setback variance, subject to the accessory building being set back enough from the property line so that the overhang does not extend into the "O" Street right-of-way. Board of Adjustment (December 9, 2019) The applicant was present. There were no objectors present. Staff presented the application with a recommendation of approval. There was no further discussion. The item was placed on the consent agenda and approved, as recommended by staff. The vote was 5 ayes, 0 noes and O absent. 2 DECEMBER 9, 2019 ITEM NO.: 5 File No.: Z-9476 Owner: Jeff Fuller Homes, LLC Applicant: Jeff Fuller Address: 2819 N. Fillmore Street Description: Lot 1, Block 16, Park View Addition Zoned: R-3 Variance Requested: Variances are requested from the area provisions of Section 36-156 to allow an accessory structure with a reduced street side setback and an increased rear yard coverage. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Single Family Residence (under construction) Proposed Use of Property: Single Family Residential STAFF REPORT A.Public Works Issues: No Comment B.Staff Analysis: A new single family residence is currently under construction on this R-3 zoned lot. The house complies with all required setback. The applicant is proposing to construct a detached, two-car garage in the rear yard area. The 22'2" X 23' garage will occupy 45% of the required rear yard and is proposed to have a street side yard setback of five (5) feet (aligning with the new house). Section 36-156 of the Zoning Ordinance limits the rear yard garage to 30% and requires a street side yard setback of 15 feet for accessory structures. Staff is supportive of the requested variances. The lot is only 45 feet in width, reducing the available rear yard area. A 22 x 23 garage is not much more than the minimum needed to accommodate two vehicles. The resulting overall lot coverage and massing is not out of character with the newer homes in this neighborhood. Ampersand is a lightly traveled street. Allowing the reduced street side yard setback so that the garage lines up with the house does not appear to have an impact on the traffic or on other properties. DECEMBER 9, 2019 ITEM NO.: 5 (CONT.) 9476 The property is located in the Heights Landscape Design Overlay District. However the building permit was issued for the house prior to the effective date of the ordinance and the DOD standards do not apply to accessory structures. C.Staff Recommendation: Staff recommends approval of the requested rear yard coverage and setback variances. Board of Adjustment (December 9, 2019) Jeff Fuller was present, representing the application. There were three (3) objectors present. Staff presented the application with a recommendation of support and noted e-­ mails in opposition were received. Jeff Fuller addressed the Board in support of the application. He described the proposed accessory garage structure to the Board. Sara Beth Hughes addressed the Board in opposition. She noted that Mr. Fuller overbuilds the lots in the area and clear cuts the lots he develops. She noted that some properties in the area did not have garages. Kim Bowman also spoke in opposition. She read an e=mail that she submitted to staff. She expressed concern with reduced building setbacks in the area with respect to pedestrian traffic along the roadways. In response to a question from the Board, Ms. Bowman noted that her concern was with vehicles backing out of the proposed garage. Natalie Capps also spoke in opposition. She also read an e-mail which she submitted to staff regarding the proposed variance request. Mr. Fuller explained that no neighbors had contacted him with concerns since the required notifications were mailed out. He noted that he could not always meet the demands of surrounding property owners. In response to a question from the Board, staff explained that there was additional space between the property line and the edge of street pavement. Ms. Capps made additional statements in opposition. There was a motion to approve the application, as recommended by staff. The motion passed by a vote of 3 ayes, 2 noes and O absent. The application was approved. 2 DECEMBER 9, 2019 ITEM NO.: 6 File No.: Z-9477 Owner: Gardner Custom Homes, Inc. Applicant: Steve L. Gardner Address: 5401 Southwood Road Description: Lot 222, Prospect Terrace Addition No. 3 Zoned: R-2 Variance Requested: A variance is requested from the area provisions of Section 36- 254 to allow a new residence with a reduced side setback. 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 applicant is proposing to construct a new, two-story single family residence on this R-2 zoned lot. The new home will replace a circa 1953 home. The applicant is requesting a variance to allow the new home to have a three (3) foot side yard setback on the west perimeter of the site. The existing home now has that same three (3) foot setback. The zoning ordinance requires a six (6) foot setback for this lot. The applicant states it is his desire to utilize the current poured concrete stem wall foundation that is in place and tied to a rock retaining wall that is built between this property and the rock steps leading down to the city park adjacent to the west. Staff is supportive of the request. Utilizing the existing foundation wall on this steeply sloped lot seems reasonable. The property adjacent to the west is a developed city park. Allowing the reduced side yard will not impact the adjacent property. The property is located within the newly adopted Heights Landscape Design Overlay District. The applicant is required to provide two, 2 ½ inch or greater shade producing trees in the front yard setback area. Trees are to be selected from the list within the DOD provisions. While there is no requirement to preserve trees, credit can be given DECEMBER 9, 2019 ITEM NO.: 6 (CONT.) Z-9477 for any trees designated as preserved in the setback area. Location and type of trees are to be indicated on the plans submitted at the time of building permit. C.Staff Recommendation: Staff recommends approval of the requested side yard setback variance, subject to compliance with the Heights Landscape DOD. Board of Adjustment (December 9, 2019) The applicant was present. There were no objectors present. Staff presented the application with a recommendation of approval. There was no further discussion. The item was placed on the consent agenda and approved, as recommended by staff. The vote was 5 ayes, 0 noes and O absent. 2 DECEMBER 9, 2019 ITEM NO.: 7 File No.: Z-9478 Owner: Garry Mertins and John Benton Dyke, JR. Applicant: Carolyn Lindsey Address: 5224 Hawthorne Road Description: Lot 6, Block 4, Newton's Addition Zoned: R-2 Variance Requested: Variances are requested from the area provisions of Section 36-156 and 36-254 and the fence provisions of Section 36- 516 to allow accessory structures with reduced setbacks and increased coverage, a building addition with a reduced side setback and a fence with increased height. 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: 1.Provide a dimensioned plan showing the width of the right-of-way. Dimensions must be given for the distance between both the west and east curbs or edges of pavement. 2.Revise the proposed driveway to include a five (5) foot radius at either side. 3.Revise the proposed driveway so that the driveway and radius do not extend past the northern property line. 4.Appendix D of the International Fire Code requires that a minimum width of twenty (20) feet be provided for fire access. If street parking is not restricted, the street must be wide enough to allow passage of a fire apparatus with parked cars present on either side of the street. Provide a dimensioned plan which shows adequate access for a fire apparatus. 5.Any proposed modifications to the public right-of-way, including, but not limited to, curb, gutter, sidewalk, and streets must be constructed to City of Little Rock Public Works Department standard details. DECEMBER 9, 2019 ITEM NO.: 7 (CONT.) Z-9478 6.All conditions of approval are contingent upon approval of the proposed right­ of-way abandonment. The Public Works does not approve of the construction of walls or other obstructions within the public right-of-way. Installation of unapproved improvements may be subject to removal at the expense of the property owner. B.Staff Analysis: The R-2 zoned property at 5224 Hawthorne Road is occupied by a circa 1936, one­ story, frame, single family residence. The applicants are proposing a complete remodeling of the house, including two small additions onto the rear portion of the house. The project also includes the addition of a 9' x 24' swimming pool and a 13' x 1 O' x 40' double-shack, single-width garage. The applicants are proposing an 8' tall painted brick or stucco wall with gate between the house and the garage. The proposed garage is to have a rear yard setback of 1 '6" and a street side yard setback of 4'. When the cover of the garage is combined with the portion of the pool which extends into the rear yard area, the two accessory structures result in a rear yard coverage of 49%. The code limits the rear yard coverage to 30%. The garage is proposed to have a street side yard setback of 4' so as to be more in line with the house. The code requires accessory structures in residential zones to have at least a 15' street side yard setback and a setback from the rear property line of 3'. The addition onto the northwest corner of the rear of the house is proposed to maintain the existing side yard setback of 6". The code requires a side yard setback of 5' for this lot. The proposed 8' wall extends 1' into the side yard setback and exceeds the allowable height of 4'. Variances are requested to allow the reduced setbacks and rear yard coverage percentage for the garage and pool, the reduced side yard setback for the addition onto the house and the increased height for the wall between the house and garage. The applicant had originally proposed some improvements in the area of the Harrison Street right-of-way, which might follow a potential request to abandon a portion of the right-of-way. Thus, Public Works comments. Those elements have been removed from the plan and no action on this application relates to any potential, off site issues. Staff is supportive of the requested variances. The property is somewhat unusual in that it is located just south of the terminal of the Harrison Street right-of-way, where it enters the St. John's Campus at a secondary entrance. The side and rear of the property are really isolated from the rest of the neighborhood. Staff does not believe the requested variances will impact any other properties. The property is located within the Heights Landscape Design Overlay District. The DOD criteria are tied to construction of a new residence or to addition onto an existing residence exceeding 600 square feet. They are not tied to construction of accessory structures. The proposed additions onto the house total about 370 square feet. 2 DECEMBER 9, 2019 ITEM NO.: 7 (CONT.) Z-9478 C.Staff Recommendation: Staff recommends approval of the requested variances, subject to compliance with the Public Works comments in Paragraph A. Board of Adjustment (December 9, 2019) Garry Mertins was present, representing the application. There were two (2) persons present in opposition. Staff presented the application with a recommendation of approval. Garry Mertins addressed the Board in support of the application. He explained the proposed project, noting that the existing house would be remodeled. He explained that the proposed double-stacked garage would act as screening for the property to the north. Lindsey Watson-Allen addressed the Board in opposition. She explained that she wished to have at least a three (3) foot setback for the proposed garage structure immediately south of her property. She presented photos of the properties to the Board. She noted that the applicant was overbuilding the lot. The issue of street side setback was briefly discussed. Ms. Allen made additional comments in opposition. Ryan Caststeel, representing Ms. Allen, also spoke in opposition. He made comments related to the intent of the ordinance with respect to the number of variances which could be requested. Mr. Mertins explained that the proposed garage would have no adverse impact on the adjacent properties. He noted that the roofline of the proposed garage would be no taller than Ms. Allen's house. Mr. Mertins stated that a three (3) foot rear setback would be provided for the accessory garage structure and revised the application accordingly. Mr. Caststeel noted that Ms. Allen was acceptable with the revised rear setback of three (3) feet. A motion was made to approve the application as revised and recommended by staff. The motion passed by a vote of 4 ayes, 0 noes, 0 absent and 1 abstention (Lindsey-Polk). The application was approved. 3 BOARD OF ADJUSTMENT VOTE RECORD DATE: 1 z,, ,I c; ,It 1 1MEMBER ALLISON, FRANK BERTRAM, JAMES GRINDER, AUSTIN JUSTUS, JOE LINDSEY POLK, CAROLYN TIME IN AND TIME OUT ,\LLISON, FRANK All :11 J BERTRAM, JAMES :2,:00 �M- 3RINDER, AUSTIN IUSTUS, JOE JNDSEY POLK, CAROLYN JAYE •NAVE I A ? f-lo 1,-c;7 -• / ✓ ✓ )7 ✓•✓ ' �v •✓✓ \, �; VO •• ·✓h'l'/ r V ✓✓ A;t� V (,..I' -. ,. A ABSENT ...ch-ABSTAIN Meeting Adjourned PJ--P.M. DECEMBER 9, 2019 There being no further business before the Board, the meeting was adjourned at 4:03 p.m. Date:------------ Chairman Secretary