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HomeMy WebLinkAboutZ-9528 - Minute Record - Approved 090920 September 3, 2020 ITEM NO.: 2 File No.: Z-9528 Owners: Nick & Holly Beth Willis Applicant: Carolyn Lindsey Address: 5001 Country Club Blvd. Legal Description: Lots 1 & 2, Block 16, Newton’s Addition Zoned: R-2 Present Use: Single-family Residence Proposed Use: Single-family Residence Variance(s) Requested: Request from the area provisions of Sec. 36-254(d) (2) to allow a reduced side yard setback in an R-2 District; Request from the area provisions of Sec. 36-254(d) (3) to allow a reduced rear yard setback in an R-2 District. Justification: Presented in letter dated July 26, 2020 (attached.) STAFF REPORT A. Engineering Issues: No Comments. B. Landscaping Issues: In October 2020 the City adopted the “Heights Landscape Design Overlay District,” requiring installation of one tree per 40 linear feet of street frontage within the Heights District Boundary, applicable to [among other types] residential construction in excess of 600 square feet. C. Building Codes Issues: 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. September 3, 2020 ITEM NO.: 2 (CON’T.) Z-9528 2 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 (501)371-4832 for additional details. D. Staff Analysis: The R-2 zoned property located at 5001 Country Club Boulevard consists of two former lots and abandoned right-of-way, comprising one 130-feet-wide by 140-feet-deep property. It is occupied by a predominantly two-story single-family residence served by a 13-foot driveway which widens to access an existing three- car east facing attached garage near the rear of the property. The general area slopes markedly from west to east and from north to south, and numerous retaining walls exist throughout the Heights environs. The 5001 Country Club Blvd. property contains retaining walls of varying heights on its west, south (rear) and east sides. At roughly six feet, the rear wall is the tallest. At-grade with the subject site, the top of this existing stone wall stands six feet above the residential property to the south, and a six-foot wood fence is installed atop. Proposed improvements include upgrade/replacement of the aforementioned six-foot retaining wall and fence (not applicable to this variance request,) construction of a covered porch, installation of an uncovered hard surface patio area (an “accessory structure, 340 square feet of which is to extend into the rear yard) and a two-story pool house (a 665 square foot rear yard encroachment.) The applicant proposes to construct a 20-foot by 37.5-foot pool/hot tub (accessory structure) in the back yard area. The 750 square foot facility, 340 square feet of which is proposed to lie within the required rear yard, meets applicable zoning codes and occupies 10.46 percent of the required yard. (A maximum of 30 percent is allowable.) Section 36-254(d (3) of the City’s Zoning Ordinance requires a minimum rear setback of 25 feet for the recently constructed addition. The applicant requests a variance to allow the 665 square-foot two-story building addition to be 7.5 feet from the rear (south) property line. If approved, this proposed addition will occupy 20.46 percent of the required rear yard. A six-foot high wall with a six-foot high fence will separate the subject expansion from the property immediately to the south (5000 Stonewall Rd.,) which in 2003 received a variance for its own rear yard encroachment. Two other neighboring properties (5010 and 5012 Stonewall Rd., within roughly 50 feet of the subject property) have structures of comparable size in their required rear yards. September 3, 2020 ITEM NO.: 2 (CON’T.) Z-9528 3 In addition to currently proposed construction, an existing 2012 home renovation created a 1.34-foot (1’-4”) average encroachment into the west side yard, unknown to the applicant until a recent survey revealed it. Section 36-254(d)(2) requires a minimum side yard setback of eight feet for the 2012 addition. The applicant requests a variance to allow the existing one-story portion to remain 6.56 feet from the west property line at its closest point. An existing one-to-two-foot-high retaining wall separates this portion of the subject residence from the adjacent property line and residence to the west. Based the analysis above, staff believes the subject proposal is in keeping with the character and scale of the neighborhood and views the variance requests as reasonable. As of this writing, no inquiries have been received by the Planning and Development Office concerning any aspect of this application. E. Staff Recommendation: Staff recommends approval of the requested rear and side yard setbacks, per the submitted site plan dated July 2, 2020, with the following conditions: 1. Install trees in accordance with the Heights Landscape Design Overlay District; 2. Repair or replace the retaining wall and fence along the south property line at the time of the subject home renovation and related improvements. ______________________________________________________________________ Board of Adjustment (September 3, 2020) The applicant was present. There was one opponent present. Staff presented the item and recommendations of approval as outlined in the “Staff Recommendation” above. Mr. Ed Anthony registered as an opponent. However, once items were presented, Mr. Anthony supported the application. Owner Beth Willis expressed her intent to be a good neighbor. There was a motion to approve the application with conditions. The motion was seconded. The vote was 5 ayes, 0 noes and 0 absent. The application was approved.