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HomeMy WebLinkAboutZ-9195-A 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 Jeff Fuller Jeff Fuller Homes LLC 16 Latour Lane Little Rock, AR 72223 Date: 10/28/2021 Dear Mr. Fuller: Planning Development Building Codes File No. Z-9195-A Location: 2823 N. Pierce Street Issue: Reduced rear yard set back This is to advise you that in connection with your application, File No. Z-9195-A_, 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, &,4 D. Tracy Spili an, Plans Development Administrator DTS/vh OCTOBER 21, 2021 ITEM NO.: 5 File No.: Owners: Applicant: Address: Legal Description: Zoned: Present Use: Proposed Use: Variance(s) Requested: Justification: Z-9195-A Z-9195-A Jeff Fuller Homes LLC Jeff Fuller 2823 N. Pierce Lot 1, replat of Lots 1,2, and 3, Block 15, Parkview Addition to the City of Little Roc, Pulaski County Arkansas Ma Vacant Single-family Residence A variance is requested from the area regulations of Section 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 dated December 20, 2020. STAFF REPORT A. Planning and Development Civil 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 PD-R zoned properties at 2823 N. Pierce Street are comprised of two lots located on southeast corner of N Pierce and Ampersand Streets. This is in the 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 site was previously platted as Lots 1,2, and 3, Block 15, Parkview Addition to the City of Little Rock, Pulaski County Arkansas These parcels were zoned R-3 and 1 OCTOBER 21, 2021 ITEM NO.: 5 ICON'T. Z-91 occupied by a single-family home that spanned over the three lots. In 2017 the owner of the properties petitioned the Little Rock Planning Commission to rezone the properties to PD-R to allow for the construction of a new home on each of the individual parcels. The original home was removed, and the owner constructed one home on Lot 3 but did not develop the remaining two lots as planned. Lots 1 and 2 have since been sold and plans have been developed to construct a new single- family home which will occupy both lots. The applicant is proposing a new two-story single-family home and attached garage. The length of this structure will be approximately (110) feet and maintain the twenty- five (25) foot front yard setback. However, the proposed construction will expand into the twenty-five (25) foot rear yard setback approximately fifteen (15) feet placing the primary structure ten (10) feet from rear property line. It should be noted if this were an accessory building (detached) it would be permitted in the rear yard, with setbacks as narrow as three (3) feet and with no variance. 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 structure fifteen (15) 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 variances 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 ten (10) feet with the following conditions: 1. Install trees, if deemed applicable at the time of building permitting, in accordance with Heights Landscape Design Overlay District requirements. Board of Adjustment (October 21, 2021) Jeff Fuller was present representing the application. There were one (1) objector present. Staff presented the item with a recommendation of approval. Chairman Allison requested the objector to please address the Board if desired. Gaye Williamson addressed the Board. She stated that she and other adjacent property owners were concerned about noise pollution that will be generated by the proposed new pool and HVAC equipment. She stated that the equipment will disrupt the peace and enjoyment of their back yards. Jeff Fuller addressed the Board stating the was unaware of the noise issues and the location of the equipment abutting the neighboring properties. He stated that he was just the builder of the structure and that the HVAC equipment could be relocated per approval of the property owners. He further stated that the pool equipment was drawn on the site plan by the project's Landscape Architect as a possible location of the equipment. He stated that he was not directly involved in the construction of the proposed pool or OCTOBER 21, 2021 ITEM NO.: 5 (CON'T.)Z-9195-A installation of the related equipment. He stated that either a wall or fence could be added to the project to reduce the noise but may be a permit issue later on. Jamie Collins addressed the Board stating that a wall could be treated as a fence rather than a structural wall and the existing easement will have to be considered as part of the discussion. Jeff Fuller addressed the Board stating the final location of the wall will be determined and or approved by the utility which owns the easement existing for access to service the growth of vegetation. He stated that he will consult the clients and neighbors about relocating the HVAC units and or a wall or fence to enclosure of the pool equipment along with submission of an approved revised site plan for the project. Member Austin Grinder commented that the pool and associated items will be considered as accessories to the project as an encroachment to the easement. Jamie Collins commented that the accessories will be subject to additional review and that the encroachment is limited to a regulated percentage. The action before the Board is to address the stated variance only and the wall issue is currently not in question. There was a motion to approve the current application as submitted and as recommended by staff. The motion was seconded. The vote was 5 ayes, 0 nays and 0 absent. 3