HomeMy WebLinkAboutZ-2961-A BOA Final Action Letter -Approved with Conditions 102821Department of Planning and Development
723 West Markham Street
Little Rock, Arkansas 72201-1334
Phone: (501)371-4790 Fax: (501)371-4546
C.J. Uzick
5912 Scenic Dr.
Little Rock, AR 72209
Date: 10/28/2021
Dear Mr. Uzick:
File No. Z-2961
Location: 5912 Scenic Dr.
Planning
Development
Building Codes
Issue: Reduced side yard setback and
Crossipg 12latted front yard buildin line.
This is to advise you that in connection with your application, File No. Z-2961, the following action
was taken by the Board of Adjustment at its meeting on October 21, 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)371-4864.
Sincerely,
D .ate �p� (I 111-14.1
D. Tracy Spill an, Plans Development Administrator
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OCTOBER 21, 2021
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Z-2961-A
File No, Z-2961-A
Owners: Noel and Jordan Uzick
Applicant: Noel Uzick
Address: 5912 Scenic Drive
Legal Description- Lot B. Block 3, East Palisades, an addition to the City of Little
Rock, Pulaski County, Arkansas.
Zoned: R-2
Present Use: Single-family Residence
Proposed Use: Single-family Residence
Variance(s) Requested: Request from the area provisions of Sec. 36-254 to allow a
reduced side yard and front yard setback in an R-2 District.
A variance is requested from the building line provisions of
Sec. 31-12 to allow a building addition which crosses a platted
front yard building line.
Justification: The applicant's justification is presented as per the attached
letter.
STAFF REPORT
A. Planning and Development Civil Engineering Comments:
Per City code Sec. 30-43, no driveway shall be constructed within five (5) feet of a
line drawn from the point of intersection of a property line with the right-of-way line
of a street and perpendicular to the centerline of the street, except where property
abuts an alley the minimum distance shall be ten (10) feet.
B. Buffering and Landscape Comments:
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. Buildinq Codes Comments:
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
OCTOBER 21, 2021
ITEM NO.: 1 (CON'T.
Z-2961-A
property line, the requirement no longer applies to the wall itself, only the projections
such as eaves or overhangs.
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 5912 Scenic Drive is in a predominantly R-2 zoned neighborhood,
within the Heights Landscape Design Overlay District. This overlay district generally
has no bearing on the variance requests.
The subject property is located on the north side of the street, east of the intersection
of N University Ave and Scenic Drive. The parcel was originally developed with a
single -story brick and frame home and an inground swimming pool. The applicant
has stated that the home was unlivable, and it was razed in January of 2020. The
lot remains vacant except for the pool which will be incorporated into the new
development.
The proposal for this property is to build a new one-story single-family home with a
basement. The applicant has stated that the intention is to rebuild the house and
stay consistent with the aesthetic of the surrounding single -story houses on the
street. To provide the living space needed at street level, the applicants architect
has encroached both side yard setbacks and the platted front building line.
The survey indicates the lot to be 80-feet in width which would require the maximum
8-foot side yard setback for R-2 zoned properties. In addition, the survey also
specifies a 20-foot front yard building line. The first -floor plan indicates that the
proposed structure will cross both the east and west side yard setback lines 3-feet
and encroach on front building line by 1-foot.
Section 36-254(d)(2) states "Side yard. There shall be a side yard set -back 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 an encroachment of the new foundation, roofline, and overhang into the east
and west side -yards reducing both setbacks 3-feet.
Section 36-254(d)(1) of the City's Zoning Ordinance requires a minimum front
setback of twenty-five (25) feet. The applicant requests a variance to allow the
extension of the structure 6-feet into the front yard setback.
Section 31-12(b) of the City's Subdivision Ordinance states, "In those instances
where a recorded subdivision plat has established building setback lines in
accordance with this chapter variances of those lines shall only be granted by the
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OCTOBER 21, 2021
ITEM NO.: 1 ICON'T.
Z-2961-A
Board of Adjustment." The platted front building setback for the subject property is
20-feet, and the requested setback is 19-feet.
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.
E. Staff Recommendation:
Staff recommends approval of the requested east and west side yard setbacks
reduction from 8-feet to a minimum of 5-feet and recommends approval of the
requested front yard setback reduction from twenty-five (25) feet to a minimum of
19-feet. Both recommendations are subject to the following conditions:
1. Compliance with the requirements as noted in paragraphs A, B, and C of the
staff report.
2. A building permit being obtained for all construction.
3. Install trees, if deemed applicable at the time of building permitting, in
accordance with Heights Landscape Design Overlay District requirements.
Additionally, Staff recommends approval of the requested platted front building line
reduction from 20-feet to a minimum of 19-feet with the following condition:
1. Completion of a replat reflecting the above -described building line change.
Board of Adjustment
(October 21, 2021)
The applicant was present. There were no objectors present. Staff presented the
application and a recommendation of approval as outlined in the "Staff
Recommendation". 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 nays and 0 absent.
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