HomeMy WebLinkAboutZ-9599 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
Jeff Hathaway
1901 N. Spruce St.
Little Rock, AR 72207
Date: July 19 2021
Dear Mr. Cooper
File No. Z-9599
Location: 1901 N.Spruce St.
Planning
Development
Building Codes
Issue: Reduced Rear Yard Setback variance
This is to advise you that in connection with your application, File No. Z-9599 , the following action was taken
by the Board of Adjustment at its meeting on July 15,2021
(a)
(b) _
X
(c)
(d)
(e)
(f)
X
(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.
[filler:
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 an, Plans Development Administrator
DTS/vh
J U LY 15, 2021
ITEM NO.: 5 Z-9599
File No.: Z-9599
Owners: Hathaway Joint Revocable Trust
Applicant: Jeff Hathaway
Address: 1901 N Spruce Street
Legal Description: South 25 feet of Lot 94 and the North 40 feet of Lot 95 Shadow
Lawn 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 rear yard setback in the R-2 district.
Justification: The applicant's justification is presented as per the attached
letter dated May 18, 2021.
STAFF REPORT
A. Planning and Development Civil Engineerinq 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 1901 N Spruce Street is located in the predominantly R-2 zoned
neighborhood, within the Heights Landscape Design Overlay District. This district
generally has no bearing on the subject variance request.
The subject property is located on the east side of Spruce Street, the fourth parcel
south of the intersection of Club Rd. The existing two-story brick home was built in
1935 and has undergone minimal exterior improvements throughout the years. The
immediate neighboring properties are also populated with single family homes.
JULY 15, 2021
ITEM NO.: 5 (CON'T } Z-9599
The applicant has provided a sketch proposing to construct a small one-story
addition to the back of their existing home. The new structure will serve as a first -
floor bedroom and the drawing indicates that the addition will be 17.5' x 20'. The new
construction as planned will require the primary structure to extend into the rear yard
setback.
The survey and applicant sketch indicates that the existing primary structure is
located approximately 35-feet from the rear property line. The bedroom addition is
shown to encroach 7.5-feet into the setback reducing the required 25-foot rear yard
setback to 17.5-feet.
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 7.5-feet into the rear yard setback.
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 variances 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 17.5 feet, per the attached site plan 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.
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