HomeMy WebLinkAboutBOA Action Letter 070220 Approved with ConditionsCity of Little Rock
Department of Planning and Development Planning
723 West Markham Street Zoning and
Little Rock, Arkansas 72201-1334 Subdivision
Phone: (501) 371-4790 Fax: (501) 399-3435 or 371-6863
Ellen Yeary
Yeary Lindsey Architects
3416 Old Cantrell Road
Little Rock AR 72202
Date: July 06, 2020
Dear Ms. Yeary:
Re: Case No. Z-9521.
Location: 5601 Scenic Drive
Issue: Setback and Building Line Variance
This is to advise you that in connection with your application case no. Z-9497, the following action was taken
by the Board of Adjustment at its meeting on July 02, 2020.
(a) Approved the application as filed.
(b) X Approved the application with conditions.
(c) Denied the application.
(d) Deferred the application to the meeting.
(e) Withdrew the application.
(f) X See attached Board of Adjustment minute record for conditions.
(g) Other:
If a variance application is approved by the Board of Adjustment, all permits necessary for the
initiation of work shall be obtained within two (2) years from the date of approval, unless an extension of time
is granted by the Board. Otherwise, the Board approval of the application shall be considered void.
According to the City's Zoning Ordinance Section 36-70:
"Appeals from the decision of the Board of Adjustment shall be filed with the appropriate court of
jurisdiction. This filing must occur within thirty (30) calendar days of the action by the Board of
Adjustment."
If you have any questions, please call me at 371-4792.
Sincerely,
Tim Herndon, Development Manager
Department of Planning and Development
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JULY 2, 2020
ITEM NO.: 7 Z-9521
File No.: Z-9521
Owner: Scenic Woods, LLC
Applicant: Ellen Yeary, Yeary Lindsey Architects
Address: 5601 Scenic Drive
Legal Description: Lot 1-2R, Block 2, East Palisades Addition
Zoned: R-2
Present Use: Vacant/undeveloped
Proposed Use: Single-family Residence
Variance(s) Requested: A variance is requested from the area provisions of Sec. 36-
254(d)(1) to reduce the required front yard (south) setback from
25 to 15 feet for a principal residential building and from 25 to five
feet for a proposed carport.
And,
from the building line provisions of Sec. 31-12(b) to cross an established building setback
line.
Justification: The applicant's justification is presented in a May 18, 2020 letter (attached.)
STAFF REPORT
A. Engineering Issues. -
The proposed home shows to be downstream of the existing flowline of the
36" storm water pipe. Provide grading and drainage plan to provide safe diversion of
pipe discharge, to prevent potential damage to new structure.
B. Staff Analysis:
The R-2 zoned property located at 5601 Scenic Drive is wooded, vacant and
extraordinarily steep, as is common among ridgeline neighborhoods parallel and
adjacent to the Arkansas River Valley. Development of this site will require
extraordinary foundation work to elevate a residential dwelling to a height sufficient for
driveway access to Scenic Drive, which lies approximately 14 feet higher than the
home site elevation.
The requested variances pertain to locating the carport and home as near as
possible to Scenic Drive. This will shorten the span of the bridge -
like structure needed to access the carport and home, while keeping said
structure outside of the Scenic Drive right-of-way.
JULY 2, 2020
ITEM NO.: 7 (CON'T.
Front Yard
Z
Section 36-254(d)(1) states, "There shall be a front yard setback having a depth of
not less than twenty-five (25) feet."
As suggested above, properties along Scenic Drive, nearby Scenic Boulevard and
Scenic Point tend to be extremely steep, requiring residences to be "pushed" as close
to the adjacent street as possible (without encroaching street right-of-way.)
Building Line Encroachment
Section 31-12(b) states, "Building line variances. In those instances where a recorded
subdivision plat has established building setback lines in accordance with this chapter
variances of those lines shall only be granted by the Board of Adjustment."
In staff's opinion, this building line encroachment request is a technical matter,
necessarily accompanying the above -described front yard setback
reduction request. An expressed requirement for encroachment of a platted building
line is to replat the subject property to reflect the approval of the building line
encroachment, at the owner's expense.
No objections to the proposed improvements by neighboring property owners are
known as of this writing. Staff views the two variance requests as reasonable, and in
this instance as a benefit to surrounding homeowners by prospective occupancy and
maintenance of a historically vacant property.
Additional Consideration
Planning and Development Engineering has reviewed the proposed plan relative to
stormwater management considerations. Subsequently, the applicant and consulting
engineer have agreed to submit stormwater improvement plans for Engineering
approval, prior to issuance of a building permit for the residential structure. (On June
16, 2020 the applicant submitted a revised site plan in response to stated Engineering
concerns.)
C. Staff Recommendation:
Staff recommends approval of the requested front yard reduction and front building
line variances as submitted, per survey/site plan submitted by applicant on May 19,
2020, with the following conditions:
• The proposed carport will be unenclosed on its east, south and west sides.
• The applicant shall submit stormwater improvement plans for Engineering
approval, prior to issuance of a building permit for the residential structure.
• The owner shall replat the subject lot to reflect the above -described platted building
line change.
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JULY 2, 2020
ITEM NO 7 (CON'T.) Z-9521
Board of Adjustment
(July 02, 2020)
The applicant was present. There were no persons registered in support or opposition.
Staff presented the item and 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. The application was
approved.
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