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HomeMy WebLinkAboutZ-9590 BOA Action Letter Deferred 072221Ellis Walton Department of Planning and Development Planning 723 West Markham Street Little Rock, Arkansas 72201-1334 Development Phone: (501)371-4790 Fax: (501)371-4546 Building Codes File No. Z-9590 Location: 1700 Beechwood St. 1700 Beechwood St. Little Rock AR 72207 Date: July 19 2021 Dear Mr. Walton Issue: Rear Yard Setback Variance This is to advise you that in connection with your application, File No. Z-9590, the following action was taken by the Board of Adjustment at its meeting on July 15, 2021 (a) _ Approved the application as filed. (b) Approved the application with conditions. (c) Denied the application- (d) X Deferred the application to the August 19, 2021 meeting. (e) Withdrew the application. (f) See attached Board of Adjustment minute record for conditions. (g) Other: 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, / G D 6","1 �:1 D. Tracy Spillmat, Pl�f)eveloprnent Administrator DTS/vh Ij J U LY 15, 2021 ITEM NO.: 2 File No.: Owners: Applicant: Address: Legal Description: Zoned: Present Use: Proposed Use: Variance(s) Requested Justification: Z-9 Z-9590 Walton Mary Ellis Bullion Revo Living Trust Ellis Walton 1700 Beechwood Street Lot 7, Cliffwood Addition to the City of Little Rock R-2 Single-family Residence Single-family Residence A variance is requested from area regulations of Sec. 36-254 to allow a reduced rear yard setback in the R-2 district. The applicant's justification is presented as per the attached letter. STAFF REPORT A. Planninq and Development Civii 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 1700 Beechwood Street is located in a predominantly R-2 zoned neighborhood, within the Heights Landscape Design Overlay District. This overlay district generally has no bearing on the subject variance requests. The subject property is located on the west side of the street, south of the intersection of Cantrell Rd and Beechwood St. The existing 2-story masonry home was recently constructed in this established neighborhood and built to the limits of the setback lines. 1 JULY 15, 2021 ITEM NO.: 2 CON'T. Z-9590 The survey indicates a 6-foot utility easement spilt by the rear property line. This places 3-feet of the easement on the subject property and 3-feet on the neighboring property to the west. A fence is shown 3.5-feet east of the easement line and the rear wall of the home is located approximately 18-feet from this point. The applicant has described the rear yard of their home as an outdoor garden space surrounded by privacy fences and is requesting an extension of the primary structure. A sketch proposing an addition to an existing patio on the southwest corner of the home has been provided. This covered porch addition is shown to encroach into the rear yard to a depth of 9-feet and a width of 23.5 feet. Section 36-254(d)(3) of the City's Zoning Ordinance requires a minimum rear setback of twenty-five (25) feet. The applicant requests a variance to allow the extension of the primary structure 9-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 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 (16) 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. Board of Adjustment (July 15, 2021) Mr. Rodney Parham of Polk Stanley Wilcox was present representing the applicant. There was one (1) person registered in opposition. Staff presented the item with a recommendation of approval as outlined in the "staff recommendation" above. The applicant deferred to the registered opposition. Mr. C. Winston Brown addressed the Board stating he is opposed of the requested extension of the patio into the rear yard. Mr. Brown indicated he is the next -door neighbor to the subject property and presented several photographs to demonstrate the issues he has with the development. His concerns include an existing outdoor TV, sightlines from his property, sound, and lighting. Mr. Brown stated he had visited with his neighbor regarding these items and also with Mr. Parham to discuss other options for expanding the patio. In response Mr. Parham indicated that the TV will not be moving, only two (2) new columns will be added, no additional sound (speakers) will be installed, and the addition 4 J U LY 15, 2021 ITEM NO-- 2 (CON'T.) Z-9590 will be at the same level as the existing porch approximately eight (8) inches above the grade of the back yard. Mr. Brown addressed concerns regarding elevation stating this is an elevated home with four (4) steps at the front of the property. Chairman Allison inquired about the grade elevation and the sightlines. Mr. Parham responded his client's property was elevated but the proposed expansion would remain at the same level. Chairman Allison inquired about screening or other options. Mr. Parham responded that he has proposed the option to install a trellis between the patio columns that could include screening vines. Mr. Parham also discussed adding an accessory structure to his client's property that would connect with the existing porch. Chairman Allison inquired if a trellis extending the entire length of the property or additional landscape could address the screening concerns. Mr. Brown responded he did not see landscaping as a solution. Chairman Allison asked staff to clarify setbacks for accessory structures. Staff provided the rear and side yard setback specifications and explained accessory structures may be connected to the primary structure with a roof over the walkway if the sides remain open. Mr. Brown addressed the Board in support of installing a trellis to provide additional screening but was opposed to any expansion. Chairman Allison inquired if the addition of trellis could be added to Staffs conditions. Mr. Parham responded that he does not have authority to modify the application without prior approval from his client. Board Member Grinder inquired about Mr. Brown's specific concerns of the addition. Mr. Brown responded additional people, light, and noise were his primary concerns. The unresolved issues resulted in a discussion regarding deferment of the application. Mr. Parham asked the Board about the process of deferral and inquired if the Board could defer the case until the next regularly scheduled meeting. Staff responded that for the Board to defer a case a vote to waive the By -Laws would be required. A motion was made to waive the By -Laws and seconded. The vote was 4 ayes, 1 nay and 0 absent. A motion was made to defer the application and seconded. The vote was 4 ayes, 1 nay and 0 absent. The application was deferred until the August 19th, 2021 Board of Adjustment Meeting 3