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Home My WebLink AboutBOA Action Letter - Apprved as Submitted 090920Department of Planning and Development 723 West Markham Street Little Rock, Arkansas 72201-1334 Phone: (501)371-4790 Fax: (501)371-4546 Planning Development Building Codes Mike Orndorff, Managing Member Re: Case No. Z-9531 609 E. 16th Street Location: 2013 S. Commerce Street Little Rock, Arkansas 72202 Issue: Reduced front and rear yard setbacks Date: 09/08/20 Dear Mr. Orndorff This is to advise you that in connection with your application Case No. Z-9531 , the following action was taken by the Board of Adjustment at its meeting on 09/03/20 - (a) X Approved the application as filed. (b) Approved the application with conditions. (c) Denied the application. (d) Deferred the application to the meeting. (e) Withdrew the application. (f) 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's 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 caii me at (501) 371-6817. Sincerely, i,' V� Tim Herndon, Dkvelopment Manager Department of Planning and Development TH/lm September 3, 2020 ITEM NO.: 1 File No.: Owner: Applicant: Address: Legal Description Zoned: Present Use. Proposed Use: Variance(s) Requested Justification: STAFF REPORT A. Engineering Issues* No comments. Z-9531 Lorax, LLC Mike Orndorff 2013 S. Commerce Street South 65 feet of Lot 1, Block 404, Lincoln & Zimmerman Addition Single-family Residence Single-family Residence Request from the area provisions of Sec. 36-256(d) (1) to allow a reduced front yard setback in an R-4 District; Request from the area provisions of Sec. 36-256(d) (3) to allow a reduced rear yard setback in an R-4 District. Presented in letter dated July 28, 2020 (attached.) B. Landscaping Issues: No comments. C. Building Codes Issues: No comments. D. Staff Analysis: The R-4 zoned property located at 2013 S. Commerce Street allows single-family and two-family (duplex) uses. The subject site is vacant, with an existing driveway remaining from a former residential structure razed in approximately 2010. September 3, 2020 ITEM NO.: 1 (CON'T.) Z-9531 The property is a "non -conforming" lot, 65-foot wide and 50-foot deep, with records reflecting its establishment some time prior to 1913. Deficient in area by contemporary development standards, the 3,250 square -foot subject tract is nevertheless regarded as a legal lot of record. The 0.35-acre property immediately south is zoned C-3 (General Commercial,) is owned by the City of Little Rock and contains the East Little Rock Neighborhood Resource Center building. Surrounding properties to the north, east and west are also zoned R-4 and contain single-family structures, four of the five neighboring homes lie upon non -conforming lots generally similar to the subject in size. All existing buildings in the 2000 block of S. Commerce St. feature reduced front yard setbacks ranging in depth from approximately 10 to 15 feet. The applicant proposes to construct a one-story 1,500 square -foot single-family home with an attached one -car garage and driveway. To accomplish this, the applicant requests a reduction in the front and rear yards from 25 feet each (which would leave no buildable area on the 50-foot-deep lot) to 10 feet each, allowing construction of a 30-foot-deep home. Section 36-256(d) (1) states, "There shall be a front yard having a depth of not less than twenty-five (25) feet." Section 36-256(d) (3) states, "There shall be a rear yard having a depth of not less than twenty-five (25) feet." Section 36-155 states [in order to be granted a variance,] "The property owner must show to the Board of Adjustment the subject property is so restricted that the buildable area is not sufficient for reasonable construction." The July 28, 2020 applicant letter states, "Without the grant of a variance the parcel is rendered nearly undevelopable." Staff agrees; strict application of the Code will render the subject lot undevelopable as a residential site. 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 front and rear setbacks, per the submitted site plan dated April 28, 2020. 2 September 3, 2020 ITEM NO.: 1 (CON7.) Z-9531 Board of Adjustment (September 3, 2020) The applicant was present. Ms. Deidre Simmons participated via WebEx in support of the proposal. Staff presented the item and recommendations of approval as outlined in the "Staff Recommendations" above. There was a motion to approve the application. The motion was seconded. The vote was 5 ayes, 0 noes and 0 absent. The application was approved. 3 BROOKS SURVEYING, INC. 20820 ARCH STREET PIKE �}►I� HENSLEY, AR 72o6s PHONE (501) 66&5336 LEGAL DESCRIPTION The South 65 feet of Lot 1, Block 404, L \IOOLN & ZIMMM4AN ADDITION to the City of Little Rock, Pulaski County, Arkansas, being shown on plat recorded in Plat Book M2, Page 635, Pulaski County, Arkansas. Date of Survey: April 28, 2020 Scale: 1" = 20' Property Address: 2013 S. Commerce Street For Use & Benefit of: Lomax. LLC First American Title Insurance Co. Beach Abstract & Guaranty Company This is to certify that the above described land has been surveyed. The comers are marked as shown and are in accordance with existing monuments in the vicinity. This certification is for and limited to the parties shown hereon. F 7 ,�7 1 UP - - - - - - - - - - - - - -- 114 _7 CUP R5 J Ell .R5 --j --jR5 SUBJECT PROPERTY -Rd cc cc LL R41 L-- R-41:CUP cup, R4 E 18TH:ST CUP M WST ....... R4 ,CY77� LD Lj z; -A i; R4 L E5 Q< !! L E 0 LU —A 0 POD . PD-R C3 E 21ST S-. 03 fA F I L L PR Lj L, Foy] L E 22N ST LI M L Area Zoning City of Little Rock Planning & Development IN Vicinity Map Rev: 8/12/2020 Case: Z-9531 Location: 2013 S. Commerce Street Ward: 1 PD: 8 CT. 46 TRS: T1N R12W 11 N A 0 110 220 MMMK�� Feet Case No: Z-9531 Name: Lorax, LLC Location: 2013 S. Commerce Street Title: Zoning Variance N Planning & Development Staff Comments in Red.