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HomeMy WebLinkAboutZ-9570 Staff ReportMARCH 18, 2020 ITEM NO. 12 Z-9570 1 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 2 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 3 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.