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HomeMy WebLinkAboutZ-9454-A 10.15.20 BOA Staff Rpt October 15, 2020 ITEM NO. A Z-9454-A 1 File No.: Z-9454-A Owner: Terra Firma Project, LLC Applicant: Billy C. Collins, Jr. Address: 5205 Kavanaugh Blvd. Legal Description: Lot 11, Block 1, McGehee Addition Zoned: R-2 Present Use: Single-family Residence Proposed Use: Single-family Residence Variances Requested: Request from Area regulations of Section 36-254(d)(3) to allow a reduced rear yard setback in the R-2 district; Request from Area provisions of Section 36-156(a)(2)(b.) to allow reduced separation for an accessory structure in an R-2 district. Justification: Presented in letter dated September 14, 2020 (attached.) STAFF REPORT A. Planning and Development Civil Engineering: No Comment. B. Landscape: 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: The required fire separation distance (building to property line) prescribed by the building code terminates at five feet. Buildings are allowed to be closer than five feet if they have properly constructed fire walls which provide the requisite one hour fire resistance rating. When buildings are five 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 feet from the property line and are prohibited when the exterior wall is less than three feet from the line. There is no restriction on openings when the exterior wall is more than three feet from the property line. Contact the City of Little Rock Building Codes (501)371-4832 for additional details. October 15, 2020 ITEM NO. A (CON’T.) Z-9454-A 2 D. Staff Analysis: Note - This item previously appeared before the Board of Adjustment as “Z-9454” on September 30, 2019. That application proposed a rear building line coinciding with the rear property line (0-foot setback,) with no side yard encroachment and no proposed accessory structure (pool.) Z-9454 was unanimously denied by the Board (see Site Plan 1.) Subsequently, a building permit for 5205 Kavanaugh Blvd. was applied for and issued, pursuant to construction of a fully compliant residential expansion, with no encroachment into the required 25-foot rear setback nor into the required five-foot side yards, thus requiring no variance request or approval (see Site Plan 2.) However, after construction of a significant portion of the building, a complaint was registered by a nearby property owner, and the City confirmed evidence of encroachment violations and unpermitted construction now occupying the entire required rear yard. A “stop work order” was issued in June 2020 and remains in effect, pending outcome of the ongoing variance request known as “Z-9454-A.” Z-9454-A was initially scheduled for the September 3, 2020 Board of Adjustment hearing (see Site Plan 3.) This item was deferred to the October 15, 2020 meeting at applicant’s request. On September 14, 2020 a revised plan was submitted by the applicant (see Site Plan 4.) ******************** The R-2 zoned property is located at 5205 Kavanaugh Blvd. on the south side of Kavanaugh Blvd., formerly occupied only by the existing 1,264 square-foot one-story brick single family residence, now with a newly constructed two-story addition described further below. An original one-car wide driveway exists at the northeast portion of the property and extends from Kavanaugh Boulevard into the rear yard area. A paved alley right-of-way is located along the rear (south) property line. The applicant recently constructed a two-story addition to the rear of the original residence, indicated on the attached site plan dated July 28, 2020 (see Site Plan 3.) Based on that plan, the recently constructed addition includes approximately 2,832 square feet to be heated and cooled space, as well as a 960 square foot four-car garage. That site plan portrays the addition as 4.5 feet from the east property line, 5 feet from the west side property line, and 5 feet from the rear (south) property line. The July 28 plan also proposed to construct a 13-foot by 20-foot pool (accessory structure) in the back yard area, within one foot of the expanded principal residence. The alley right-of-way provides access to the garage portion of the addition. Subsequent to the submittal described in this paragraph, and since deferral from the September 3, 2020 BOA hearing, a revised proposal has been submitted, described immediately below. On September 14, 2020 a revised plan was submitted (see Site Plan 4.) As before, the plan depicts a two-story addition to the rear of the original residence. Based on this site plan, the recently constructed 40’-wide addition will be reduced (presumably via demolition of the new existing structure) to 30’ in width, constituting a three-car October 15, 2020 ITEM NO. A (CON’T.) Z-9454-A 3 enclosed garage, although the applicant has indicated the roughly 10’ x 24’ “removed” portion of the garage will be paved for use as surface parking. Site Plan 4 proposes this 720 s.f. garage as part of a 3,085 gross s.f. two-story addition. The formerly depicted 0.5’ east side yard encroachment is now absent. The rear wall remains shown as 5’ from the rear (south) property line. The formerly drawn 13’ x 20’ pool (accessory structure) remains within one foot of the principal residence as shown in the prior plan. 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 building addition to be five feet from the rear (south) property line. Section 36-156(a)(2)(b.) requires a minimum separation of six feet between the proposed pool (accessory structure) and principal residential structure. The applicant requests a variance to allow the accessory structure to be one foot from the principal structure. In the September 14, 2020 cover letter accompanying the most recent plan update (Site Plan 4) the applicant states, “Other residences in the area have been granted a variance and have garages.” Those residences were listed in the applicant’s letter and numbered 1 through 4 and are included for comparison in the table below: The garage, in its immediate context, as well as when compared with sample sites cited by the applicant in the table above, is relatively massive in scale. The property immediately west has submitted a request to construct a one-story, two-car garage to replace their former one-story, two-car carport destroyed in a storm. The property immediately east has no rear yard building. The subject garage footprint occupies 48% percent of the required 50’ x 25’ rear yard area. (By contrast, an allowable accessory structure may not occupy more than 30 percent of the required rear yard.) October 15, 2020 ITEM NO. A (CON’T.) Z-9454-A 4 As of this writing, the Planning and Development Office has received numerous phone calls from concerned neighbors, a list of eight opposing signatures and two letters of opposition from property owners in the immediate vicinity of the subject site. While other setback variances have been granted in the general area, the subject massing/lot coverage is not in keeping with the character of surrounding properties. Staff does not view the request as reasonable and neither supports the requested rear yard setback variance, nor the reduced accessory structure (pool) separation variance. E. Staff Recommendation: Staff recommends denial of the reduced rear setback and reduced accessory structure separation variances.