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HomeMy WebLinkAboutAction Letter - Approved 040721Departmentof Planning and Development 723 West Markham Street Little Rock, Arkansas 72201-1334 Phone: (501)371-4790 Fax: (501)371-4546 Eric Wippo/MM Margaret Jones 1701 N. Palm St. Little Rock AR 72205 Date: April 06 2021 File No. Z-9570 Location: 1701 N. Palm St. Planning Development Building Codes Issue: Side and near yard fence variance Dear Mr.Wippo and Ms. Jones: CORRECTED This is to advise you that in connection with your application, File No. Z-9570 , the following action was taken by the Board of Adjustment at its meeting on March 18, 2021 (a) X (b) (c) (d) (e) (fl (g) Approved the application as filed. Approved the application with conditions. Denied the application. Deferred the application to the Withdrew the application. See attached Board of Adjustment minute record for conditions. Other: meeting. 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 questions, please call me at (501)371-6817 or Torrence Thrower at 371-4764. Sincer tL >I--- I MA Tim Herndon, Development Manager TH/vh MARCH 18, 2020 Z-9570 ITEM NO. 12 File No.: Z-9570 Owners: Eric Wippo / Mary Margaret Jones Applicant: Eric Wippo Address: 1701 N. Palm Street Legal Description: Lot 18 except the North 20 feet and Lot 17, Block 4, except the South 15 feet thereof, Cliffwood Addition Zoned: R-2 (Single -Family District) Present Use: Single-family Residence Proposed Use: Single-family Residence Variance(s) Requested: Request from the area provisions of Section 36-156 to permit more than 30% coverage of the rear yard for an accessory building. Justifications The applicant's justification is presented as per the attached letter dated January 19, 2021. STAFF REPORT A. Planning and ❑evel❑ ment Civil En ineerin : No Comments. B. Bufferin and Landscape Comments: In October 2020 the City adopted the "Heights Landscape Design Overlay District," requiring installation of one tree per forty (40) linear feet of street frontage within the Heights District Boundary, applicable to [among other typesl residential construction in excess of 600 square feet. C. Buildin Codes Comments: 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. 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 at (501)371-4832 for additional details. MARCH 18, 2020 Z-9570 ITEM NO. 12 D. Staff Analysis: The R-2 zoned property is located in the Heights Overlay District at 1701 N Palm Street and occupied by a one-story single-family frame home. A driveway on N Palm Street serves as access to a parking structure at the rear of the property. The adjacent and surrounding properties are also predominantly single-family residences. The survey indicates that the rear yard is mostly occupied by a carport with an attached frame structure, and freeform concrete patio. The building and carport are located approximately 4.5 feet from the east (rear) property line and 2.5 feet from the north (side) property line. The patio fills most of the remainder of the backyard with shrub vegetation between the structures and the concrete deck edge. The applicant is proposing to remove the existing concrete patio and install an in - ground swimming pool and associated pool deck. In addition, the applicant also proposes to construct a small addition to the rear of the primary residence that will extend into the rear yard. The addition to the primary dwelling is indicated to be 16 x 22 feet in area. This new structure will not expand into the 25-foot rear yard setback and a variance for the extension will not be required. The proposed swimming pool is shown to be constructed within the allowable setbacks for accessory structures. The rear yard is approximately 1,875 square feet in area. The frame building occupies approximately 705 square feet of this space. Currently, the rear yard coverage exceeds the 30 percent maximum allowance by an approximate 8 percent. The proposed 16x20 pool will be mostly located in the rear yard setback and add an additional 300 square feet to the area bringing the overall rear yard coverage up to approximately 54 percent. Sec. 36-156(a)(2)c states, "Accessory buildings or structures in the R-1 through R- 4A districts... may not occupy more than thirty (30) percent of the required rear yard area... Swimming pools and all appurtenant structures both above ground and below grade of adjacent yard area shall be construed to be accessory structures and conform to the standards of this section..." Staff views the rear yard coverage of this existing small space as minor compared with the buildable capacity available to the property owner. The proposed in -ground pool would have less of an impact on the surrounding properties than an above- ground structure. In addition, the expansion of the primary dwelling is allowable within the code requirements. This proposal is similar to other neighborhood installations. Apart from the house addition the additional backyard coverage cannot be viewed from neighboring properties and presents no foreseeable adverse effects to the neighboring residences. 2 MARCH 18, 2020 Z 9570 ITEM NO. 12 E. Staff Recommendation: Staff recommends approval of the requested coverage variance per the attached site plan, subject to a building permit being obtained for all construction. Board of Adjustment (March 18, 2021) The applicant was present. There were no persons registered in opposition. Staff presented the item and a recommendation of approval as outlined in the "Staff Recommendation" above. There was no further discussion. The item remained on the Consent Agenda for approval. A motion was made and seconded to approve the Consent Agenda. The vote was 5 ayes, 0 noes and 0 absent. 3 U IIa ° o a E- ❑ P �a a FIT[] ❑❑�, �¢�❑° oED _1-. � �D o o Z CANTRELL-RD ❑ N . moo❑ ,❑ ED .O Q .I - ❑ SUBJECT PROPERTY _ CUP R21 CUP �0ES 0 PR El o❑ R2 ARMISTEAD_RD -L] L=1 o fl o CUP G J'ey � Cw7 Area Zoning City of Little Rock Planning & Development Case: Z-9570 Location: 1701 N. Palm Street Ward:3 PD: 4 CT. 16 TRS: T2N R12W 31 N 0 120 240 Feet PLAT n,6r soh 25'Bldg. Line r IC r'2. -�7 &S, I RIP, Pro O�ej ,D o ifGaSE X Mew 116 c5) MIS le :D LLI < < CO C) F M , PAL u 5 rA e c- 7, S-OIAIW bKetcn City of Little Rock Planninq& Development Case No: Z-9570 Title: Zoning Variance Name: Wippo Residence Location: 1701 N. Palm Street Planning & Development Staff Comments in Red. rltz� � Ito BROOKS SURVEYING, INC. MM ARCH STREET PIKE HENSLEY. AR 72055 PHONE (5M) E88-M PZA-r Y N CP. N • M e P . 461 0WAS I(P1 )(-zz' JfG Lt SZ raw Q 1 SLCd M fonvb p.4140 � 0 Al' i le ; N,QQLU 5FAC-C-r Iw C-00 ej, CDVI�1r!hC�ia" LEGAL Lot .18, ecpt the North 20 feet and Lot 17, except the South 15 feet thereof, aXNE10M AMITIM to the City of rattle bock, Pulaski Coamty, Arkansas. Data of Survey: Scale: property Address: For Use & Benefit of. December 15, 2015 1" = 20' 1701 North Palm Street, LR ►lames Wood, brandy Woody Fidelity National Title Insurance [bmtoanyr Lenders Title ": - This is to certify that the above described !anti has been surveyed. The comers are marked as shown and are in accordance with existing monuments In the vidnity. Thts cedffication is for and fimfted to the parties shown hereon.