HomeMy WebLinkAboutZ-9612 BOA Action Letter - Approved With Conditions 100121Department of Planning and Development
723 West Markham Street
Little Rock, Arkansas 72201-1334
Phone: (501)371-4790 Fax: (501)371-4546
Tom Fennell
100 River Bluff Drive
Little Rock. AR 72223
Date: 09/16/2021
Dear Tom:
Planning
Development
Building Codes
File No. Z-9612
Location: 2125 North Cleveland Street
Little Rock AR 72223
Issue:Rear yard coverage & Street side line variance
This is to advise you that in connection with your application, File No. Z-9612 , the following action
was taken by the Board of Adjustment at its meeting on September 16. 2021 :
(a) Approved the application as filed.
(b) X Approved the application with conditions.
(c) Denied the application.
(d) Deferred the application to the 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,
't). Pd.ArL4
D. Tracy Spill I
an, Plans Development Administrator
DTS/aa
SEPTEMBER 16, 2021
ITEM NO.: 3
File No.:
Owners:
Applicant:
Address
Legal Description:
Zoned:
Present Use
Proposed Use:
Z-9612
Z-9612
Joseph Hal and Phyllis Ann Kemp
Tom Fennel, Architect
2125 N Cleveland St
Lot 13, Block 3, Altheimer Addition to the City of Little Rock,
Pulaski County, Arkansas
R-2 (Single -Family District)
Vacant Lot
Single-family Residence
Variance(s) Requested: Request from the area provisions of Section 36-156 to permit
more than 30% coverage of the rear yard for an accessory
building and to permit an accessory structure to be closer than
fifteen (15) feet from a street side line.
Justification: The applicant's justification is presented as per the attached
letter dated July 14, 2021.
STAFF REPORT
A. Planning and Development Civil Engineering:
No Comments.
B. Landscape and Buffers:
In October 2020 the City adopted the "Heights Landscape Design Overlay District,"
requiring installation of one tree per 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:
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.
SEPTEMBER 16, 2021
ITEM NO.: 3 (CON'T.)
&01.11K
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
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 property at 2125 N Cleveland Street is 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 southeast corner of N Cleveland and Beacon
Streets. This lot has been previously occupied by a single-family home but vacant
since approximately 2009. The lot has been maintained as mostly turfed open space.
The adjacent and surrounding properties are also predominantly smaller 1940"s era
single-family residences.
The applicant is proposing to construct a new home with a detached two -car garage
at the rear of the property. The new garage will be accessed from Beacon Street to
the north and built to the west property line adjacent to an alley. The area provisions
for accessory structures do not allow for the coverage of more than 30% of the rear
yard. The rear yard is shown to comprise approximately 1290 square feet. The new
garage is indicated to be 723 square feet. The new building is proposed to cover
approximately 56% of the rear yard exceeding the maximum coverage requirements
by 26%. In addition, the applicant is requesting that the accessory building be
located closer to the street side line than the 15-feet that is typically required
Sec. 36-156(a)(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..." Therefore, the applicant is
requesting a variance to allow the proposed accessory structure to exceed the
coverage requirements to a maximum 56% and to reduce the street side line
setback to no less than 14-feet 6-inches.
Staff finds the requests to generally be in conformance with the development pattern
in this area, and based on the above assessment and analysis, finds the requested
variance to be reasonable.
If the Board approves the requested side yard setback line variance, the applicant
must then produce a one -lot replat reflecting the approved change. As such, the
applicant must also review filing procedures with the County Clerk's office to
determine if the replat will require a revised Bill of Assurance and respond as
necessary and appropriate, as part of said replat.
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SEPTEMBER 16, 2021
ITEM NO.: 3 (CON'TJ Z-9612
E. Staff Recommendation:
Staff recommends approval of the requested coverage street side line variance per
the attached site plan subject to the following conditions:
1. Completion of a replat reflecting the above -described building line change.
2. A building permit being obtained for all construction
3. Install any required trees in accordance with the Heights Landscape Design
Overlay District
Board of Adjustment
(September 16, 2021)
The applicant was present. There were no objectors present via WebEx or in person.
Staff presented the application to the Commission and recommended the setback
variance be approved with conditions as per the staff report.
The item remained on the Consent Agenda for approval. A motion was made and
seconded. The vote was 5 ayes, 0 nays and 1 absent.
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