HomeMy WebLinkAboutZ-9570 Staff ReportMARCH 18, 2020
ITEM NO. 12 Z-9570
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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.
Justification: The applicant’s justification is presented as per the attached
letter dated January 19, 2021.
STAFF REPORT
A. Planning and Development Civil Engineering:
No Comments.
B. Buffering 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 types] residential construction
in excess of 600 square feet.
C. Building 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
ITEM NO. 12 Z-9570
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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.
MARCH 18, 2020
ITEM NO. 12 Z-9570
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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.