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HomeMy WebLinkAboutZ-9590 BOA Action Letter - Approved With Conditions 100121Ellis Walton Department of Planning and Development Planning 723 West Markham Street Little Rock, Arkansas 72201-1334 Development Phone: (501)371A790 Fax: (501)371-4546 Building Codes File No. Z-9590 Location: 1700 Beechwood St. 1700 Beechwood St. Little Rock. AR 72207 _ Date: August 23, 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 August 19 2021 (a) (b) X (c) (d) _ (e) (fl (g) Approved the application as filed. Approved the application with conditions. Denied the application. Deferred the application to the meeting. Withdrew the application. See attached Board of Adjustment minute record for conditions. 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) 371-4864. Sincerely, D. Tracy Administrator DTS/vh AUGUST 19, 2021 ITEM NO.: 1 File No.: Owners: Applicant: Address: Legal Description: Zoned: Present Use: Proposed Use: Variance(s) Requested Justification: �Asb6'I1] Z-9590 Walton Mary Ellis Bullion Revo Living Trust Ellis Walton 1700 Beechwood Street Lot 7, Cliffwood Addition to the City of Little Rock M 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. Planning and Development Civil En ineerin Comments: No Comments- B. Buffering and Landscape Comments: No Comments. C. Buildinq 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 AUGUST 19, 2021 ITEM NO.. 1 (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 Architects was present, representing the applicant. There was one (1) person registered in opposition. Staff presented the item and a recommendation of approval. The applicant deferred to the registered opposition. Mr. C. Winston Brown addressed the Board in opposition to the application. He stated that he opposed the extension of the patio into the rear yard due to the additional light, site, and sound that would impact his property. Mr. Brown presented several photographs to demonstrate his concerns. He stated that he had visited with his neighbor, Ms. Walton regarding these issues and also met with Mr. Parham to discuss possible options. Mr. Parham stated that an existing TV mounted on the current patio wall will not be relocated, additional sound (speakers) will not be installed, the expansion will only require two (2) new columns, and the porch addition will only be raised eight (8) inches above finished grade of the backyard. 2 AUGUST 19, 2021 ITEM NO.: 1 (CON'T Z-9590 Chairman Allison inquired about the porch elevation and site lines from the opposition's property. Mr. Parham responded that during the visit to the oppositions property he could only see the top of the TV located on the wall of the applicant's porch. Chairman Allison inquired about landscaping options. Mr. Parham responded he is encouraging two (2) options with the owner to address the oppositions concerns: 1) to install a trellis with vines between the columns and 2) eliminating the porch addition and adding an open-air accessory structure closer to the property line. It was noted that an accessory structure may be more intrusive but could be constructed within the code requirements without seeking a variance Mr. Brown addressed concerns regarding elevation stating this is an elevated home that requires four (4) steps at the front entrance. Chairman Allison recommended a trellis extending the entire length of the property line as an immediate solution to address 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 clarification, specifically the side yard setback and noted that accessory structures may be connected to the residence with a roof constructed over the walking paths. Chairman Allison further proposed a compromise that a trellis be added to mitigate some of Mr. Brown's concerns as a condition to be added to staffs conditions. Mr. Parham responded he does not have authority to modify the application regarding subsequent conditions. Mr. Brown addressed the Board and agreed with installing a trellis to provide screening but was opposed to any expansion. Board Member Grinder stated Mr. Brown already has concerns with the existing residence and inquired about the issues the opposition has with the addition? Mr. Brown responded that he is primarily concerned with the possible addition of people, light, and noise that would be encountered from his property. The board members discussed deferring the application to provide the applicant and Mr. Brown an opportunity to resolve any concerns. Mr. Parham requested that the Board defer the application. A motion was made to waive the By -Laws to allow the Board to request a deferral 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. 3 AUGUST 19, 2021 ITEM NO.: 1 CON'T. Z`9590 F. Staff Update: As per the oppositions attached letter an agreement has been reached with the applicant concerning their rear yard setback variance request. The opposition has withdrawn their previous objection to the requested variance. Board of Adjustment (August 19, 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. The item remained on the Consent Agenda for approval. A motion was made and seconded. The vote was 5 ayes, 0 nays and 0 absent. 4