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HomeMy WebLinkAboutZ-9598 BOA Action Letter - Approved With Conditions 072221Department of Planning and Development 723 West Markham Street Little Rock, Arkansas 72201-1334 Phone: (501)371-4790 Fax: (501)371-4546 Philip Wilson 2401 N. Pierce St. Little Rocks AR 72207 Date: July 19 2021 Dear Mr.Wilson File No. Z-9598 Location: 2401 N. Pierce St. Planning Development Building Codes Issue: Side Yard and Rear YardSetback variance This is to advise you that in connection with your application, File No. Z-9598 , the following action was taken by the Board of Adjustment at its meeting on July 15, 2021 : (a) Approved the application as filed. (b) X Approved the application with conditions. (c) Denied the application. (d) Deferred the application to the (e) Withdrew the application. (f) X _ See attached Board of Adjustment minute record for conditions. (g) 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. Sincerely, D. Tracy Spill -ian, Plans Development Administrator DTS/vh JULY 15, 2021 ITEM NO.: 4 Z-9598 File No.: Z-9598 Owners: Wilson Phillip Monroe Jr & Karson Kanitz Applicant: Phillip Wilson Address: 2401 N Pierce Legal Description: Lot 6 and the South '/z of Lot 5, Block 31, Park View Addition Zoned: R-2 Present Use: Single-family Residence Proposed Use: Single-family Residence Variance(s) Requested: A variance is requested from area regulations of Sec. 36-254 to allow a reduced side and rear yard setback in the R-2 district. Justification: The applicant's justification is presented as per the attached letter. STAFF REPORT A. Planning and Development Civil Engineering Comments: No Comments. B. Buffering and Landscape Comments: No Comments. C. Building Codes_ Comments: In October 2020, the City adopted the "Heights Landscape Design Overlay District," requiring installation of one (1) 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. D. Staff Analysis: The property at 2401 N Pierce is in a predominantly R-2 zoned neighborhood, within the Heights Landscape Design Overlay District. This district generally has ne bearing on the subject variance requests. The subject property is located on the northeast corner of N Peirce and V Streets. Built in 1941 the existing 2-story frame home occupying the property has undergone i JULY 15, 2021 ITEM NO.: 4 (CON'T) Z-9598 minimal improvements or additions that are often typical of this neighborhood. The immediate neighboring properties and are also populated with single family homes. The house faces west towards N Pierce and vehicular access is located at the rear of the home on the south perimeter from V Street. An entrance drive is provided in this area and connects a two -car carport with the public right-of-way. The carport is attached to the east wall of the home making it a part of the primary structure. The applicant is proposing a garage addition, enclosing the attached carport, and adding a second story living space. The second story addition will begin east of the carport and will use the existing home and carport footprint for the renovations. An additional second story addition will be added to the north side of the home but is shown to be located within the setback boundaries. The survey and applicant sketch indicates that the existing primary structure has been built 7-feet from the east property line and 6-feet from the south property line. Rear yard setbacks are required to be 25-feet in width while side yard setbacks are required to be 10% the depth of the lot not to exceed 8-feet. The existing and new construction compromises the 25-foot rear yard setback and the 7-foot, side yard setback on the south side of the property as required by the area regulations for R-2 properties. Section 36-254(d)(3) states "There shall be a rear yard setback having a depth of not less than twenty-five (25) feet. " The applicant requests a variance to allow the extension of the primary structure into the rear yard setback reducing the setback to no less than 7-feet. Section 36-254(d)(2) states, "There shall be a side yard setback on each side of the building having a width of not less than ten (10) percent of the average width of the lot, not to exceed eight (8) feet.". The applicant requests a variance to allow the extension of the primary structure into the side yard setback reducing the setback to no less than 6-feet. Staff finds the request to generally be in conformance with the development pattern in the Heights neighborhood and nearby area. Based on the above assessment and analysis, staff finds the requested variance to be reasonable. E. Staff Recommendation: Staff recommends approval of the requested rear yard setback reduction from twenty-five (25) feet to a minimum of 7-feet, with the following conditions: Staff recommends approval of the requested side yard setback reduction from 7-feet to a minimum of 6-feet, with the following conditions: 1. A building permit being obtained for all construction. 2. Install trees, if deemed applicable at the time of building permitting, in accordance with Heights Landscape Design Overlay District requirements- 2 JULY 15, 2021 ITEM NO.: 4 (CON'T.) Z-9598 Board of Adjustment (July 15, 2021) The applicant was present. There were no persons present registered in opposition. 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. K?