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Action Letter - Approved 070721
Departmentof Planning and Development 723 West Markham Street Little Rock, Arkansas 72201-1334 Phone: (501)371-4790 Fax: (501)371-4546 Jason and Lara Hum JL House Investments LLC 2809 N. Fillmore St. Little Rock AR 72207 Date: April 06 2021 File No. Z-9571 Location: 4419 Country Club Blvd. Issue: Side yard setback variance Dear Mr. and Mrs. Hum CORRECTED Planning Development Building Codes This is to advise you that in connection with your application, File No. Z-9555 , 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. Sincerely, t Tim Herndon, Development Manager TH/vh MARCH 18, 2020 ITEM NO. 13 File No.: Owners: Applicant: Address: Legal Description: Zoned: Present Use: Proposed Use: Variance(s) Requested Justification- Z-9571 Z-9571 JL House Investments LLC Jason & Lara Hum 4419 Country Club Blvd. Lot BR, Block 4, Country Club Heights Addition R-2 (Single -Family District) Single-family Residence Single-family Residence Request from the area provisions of Sec. 36-156 to allow a reduced side yard setback for an accessory building in an R-2 District. The applicant's justification is presented as per the attached letter dated January 19, 2021. STAFF REPORT A. Planning and Develo ment Givil En ineerin Only 6.5 ft. is proposed from the garage to the property line. A vehicle parked outside of the garage will be off the subject property and within the public right- of-way. Per Sec. 30-5, it is unlawful for any person to block any part of any right-of-way, street, or alley of the city. In addition, per Sec. 31-256, building lines for residential lots shall be at least 25 ft. form each street property line. The garage should be relocated to at least 20 ft. from the property line. B. Buffering and Landscape Gomments: 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 MARCH 18, 2020 ITEM NO. 13 2-957 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. D. Staff Analysis: The R-2 zoned property located at 4419 Country Club Boulevard was previously occupied by a single-family residence. The property sets on the southeast corner of North Palm Street and Country Club Blvd. The original home has since been demolished and the property divided into two separate single-family lots. The subject property occupies the western half of this formerly larger parcel and fronts Country Club Blvd. A single-family home is planned for the adjacent east property, and the rear -yard of the development will be located adjacent to a single-family home to the south that faces N Palm Street. The applicant is proposing a 20'x20' detached garage to be located on the west side of the site adjacent to North Palm Street right-of-way. The property Owner is requesting that it be allowable for the garage to be placed 6.5 feet from the right-of- way line instead of the15 feet side -yard setback as required for accessory buildings. The lot is indicated to be 65 feet at its widest point requiring a minimum 6.5-foot side yard setback between the primary structure and the east and west property lines. With minor exceptions, most of the primary dwelling will be located 10 feet from the side yard boundaries. The site plan specifies that the proposed detached garage will be positioned on the primary dwelling setback line at 6.5 feet from the street right- of-way. The applicant has stated that requiring the structure to be located 8.5 feet further to the east within the fifteen (15)-foot accessory building boundary is not feasible due to the size and terrain of the site. Also, by adhering to the accessory building requirement the length of the drive would extend to almost 30-feet but eliminate most of the back yard. The provided site sketch indicates that the garage is proposed to be placed 6.5 feet east of the west property line and would provide for a twenty (20)- foot drive length from the front of the garage to the back of the street curb and retain a backyard living space. Section 36-156(2)(c) states "Accessory buildings or structures in the R-1 through R- 4A districts shall not be located closer than sixty (60) feet to the front property line, fifteen (15) feet from a street side line and may not occupy more than thirty (30) percent of the required rear yard area." The applicant is requesting a variance to allow an encroachment of an accessory structure into the west side -yard setback. However, when measuring the sketch provided by the applicant it appears that there is only an approximate ten (10) feet Of drive west of the property line totaling 16.5 feet between the street and the face of the garage. 2 MARCH 18, 2020 Z-9571 ITEM NO, 13 As proposed, the site variance request will provide a larger rear yard. Staff views the variance request as generally reasonable but is requesting that garage be moved an additional 3.5 feet to the east. This adjustment will align the front of the garage with primary western residence wall 10 feet east of the property line. This will provide a twenty (20)-foot drive between the street curb and the garage; and also preserve the majority of the rear yard space. Based on the analysis above, Staff believes the proposal is in keeping with the character and scale of the neighborhood. E. Staff Recommendation: Staff recommends approval of the requested side yard setback with the following conditions: 1. The garage be placed 3.5 feet further to the east aligning the garage with the primary western wall of the residence creating a minimum 20-foot drive length between the face of the garage and the back of the street curb. 2. Install trees in accordance with the Heights Landscape Design Overlay District. Board of Adjustment (March 18, 2021) The applicant was present. Two (2) persons registered in opposition, although they were absent during the presentation of the item. The item was heard on the Regular Agenda. Staff presented the item and a recommendation of approval as outlined in the "Staff Recommendation" above. There was no further discussion. There was a motion to approve the application as recommended by staff. The motion was seconded. The vote was 5 ayes, 0 noes, and 0 absent. G� U 45) LONGFELLOWJ a � ? =CL ... ...... I a"Q 0c❑ HAWTHORNE:RD E:j' �� ❑ a�SUBJECT PROPERTY � r �U❑�� EP� �� �- couNrRr_cwa gLVD z `°gyp cl: H7� 11 C a❑ z IDE © Q�ao off` G, �I ODE �G 2 (--I❑ n STONEWA� Rt]= PCD r� 511 1 nn j� R2 -� R� r NOTCGS RD LD -- -1 ° 'E:� C3 ❑E7 ❑ Q Q ❑C❑ ❑ ❑p © Ho0 _' °❑g i D a �D Ej ° R2- CANT ELL RD Fr�'j _ .',CUP Vicinity Map Area Zoning City of Little Rock Planning & Development 1 ,' , - Rev: 1 /27/2021 R2 CUP InGEHILLRD:: Case: Z-9571 Location: 4419 Country Club Blvd. Ward: 3 N PD: 4 CT.16 0 200 400 TRS: T2N R12W 30 Feet COUNTRY CLUB BOULEVARD (50' RIW) fo %Ib3 r&� 0 Nse iron ptn 10.0, cr! N 89'55'10' E 45.00' set iron pin set iron pin 10.0, c 0, overed porch PC ;reqC, v V" J, M! aN - DX1 -)_3- 4 BY. 4.... ... RESIDENCE '3 NDATE' CU J, 46'-6" vl 0 ru I C=) C4 covered porch 0 6 . .5 OPOSEO� 7-15 3ARAGE m 6 4�tc (V' , 6.51 brick drive iron se` pn milli N 90'66'00- W 65.00' set pin Staff Recommends moving the garage an additional 3.5 ft. to the east to align with the primary western wall of the residence, 10 ft. east of the property line. Sketch City of Little Rock Planning& Development Case No: Z-9571 Title: Zoning Variance Name: Hum Residence N Location: 4419 Country Club Blvd. Planning & Development A Staff Comments in Red. ^ 57 7—, ® WHITE DA TERS & ASSOM TES INC. CML ENGINEERING. LAND PLANNING & MELOPMENT. SURVEYING 24 RAHUNG CIRCLE LITTLE ROCK, ARKANSAS 72223 C 0 UNTR Y CLUB B 0 ULE VARD (5 0' R/W) o� ,tip N 89055'10" E 45.00' set iron pin set iron pin s set iron pin i- covereEl.' porch i RESIDENCE f N a' 46'-611 3 y= cu CD j - o covered = porch 10.0' 10.0' o 4 ;PROPOSED, ,C �- GARAGE (�IZdri•%� water meter ,! 5• j�—jL brick drive 4set pn. 41 .:j ::{ 9II'00'00" W 65.00' set iron pin I�6 I hereby certify that I have surveyed Lot SR, Block 4, Country Club Heights, an Addition to the City of Little Rock, Arkansas. Property lines are located in accordance with established property lines. There are no apparent encroachments except as shown. Proposed improvements are shown as directed by the builder. No portion of this property is within the 100 year flood boundary as shown on the recorded plat_ Date: 9-25-2020 Scale: 1" = 30' Job Number: 20-501D M:\2020\CountryC1ubi-ieights\$thru 104 replat.DWG