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HomeMy WebLinkAboutZ-2961-A - 5912 Scenic Dr - BOA Staff RptOCTOBER 21. 2021 ITEM NO. 1 Z-2961-A 1 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. Building 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 OCTOBER 21. 2021 ITEM NO. 1 Z-2961-A 2 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. 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. OCTOBER 21. 2021 ITEM NO. 1 Z-2961-A 3 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 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.