HomeMy WebLinkAboutZ-9619 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
Christi Wilson
1711 N. Ta for Street
Little Rock, AR 72207
Date: 10/28/2021
Dear Ms. Wilson:
Planning
Development
Building Codes
File No. Z-9619
Location: 1701 N. Taylor Street
Issue: Reduced front yard setback
accessory building coverage and street side
line variance(s)
This is to advise you that in connection with your application, File No. Z-9619_, 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.
(t)
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, %
17. Cry -t
D. Tracy Sp�lman, Plans Development Administrator
DTS/vh
OCTOBER 21, 2021
ITEM NO.: 7
File No.:
Owners:
Applicant:
Address:
Legal Description:
Zoned:
Present Use:
Proposed Use:
Z-96
Z-9619
Hudson Shermer Enterprises LLC
Attn: Susana Shermer
Christi Wilson
1701 N Taylor
Lot 6, Block 20, of Mountain Park, an Addition to the City of
Little Rock, Pulaski County Arkansas
R-2
Single-family Residence
Single-family Residence
Variance(s) Requested: A variance is requested from the area provisions of Section
36-254 to allow a reduced front yard setback in the
R-2 district.
A variance is requested 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 August 23, 2021.
STAFF REPORT
A. Planning and Development Civil Engineering Comments
No Comments.
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:
No Comments.
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OCTOBER 21, 2021
ITEM NO.: 7 (CON'T.
D. Staff Analysis:
Z-9619
The property at 1701 N Taylor St 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 northeast corner of N Taylor and P Streets.
Built in 1935 the existing 1-story frame home occupying the property has undergone
minimal improvements or additions that are often typical of this neighborhood. The
immediate neighboring properties are also populated with single family homes.
The applicant is proposing additional renovations to the home including an
expansion to the back of the house to the east, a second story addition to the existing
detached garage, and a renovated south facade adding a front porch. The house
was originally constructed in what is currently the front yard setback and the
proposed porch will further encroach upon this area. The east expansion will not
cross into the rear yard setback. The existing garage is not in compliance with the
rear yard coverage or side yard setback requirements.
As indicated on the survey the front wall of the house has been built approximately
22-feet from the property line and the existing front porch is indicated to be 4-feet in
width. The porch expansion will be maintained within the established 4-feet but will
increase in length to the east and west corners of the existing front facade. The
existing and new construction will encroach into the front yard setback 7-feet.
The existing detached garage was built to the side yard property line but will not
expand its footprint with the upper -level addition. Any new construction must follow
the current code requirements. While previously being allowed to exist in its non-
conforming state the second story addition will initiate rear yard coverage and side
yard setback variance requirements.
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 1260
square feet. The garage occupies approximately 490 square feet of the rear yard
exceeding the maximum coverage requirements by 9%. In addition, the garage has
been built to the south property line, current code requires accessory structures be
located no closer to the street side line than the 15-feet.
Section 36-254(d)(1) of the City's Zoning Ordinance requires a minimum front
setback of twenty-five (25) feet. Therefore, the applicant requests a variance to allow
the existing homes front facade and porch addition to encroach into the front yard
setback 7-feet, reducing the front yard setback to 18-feet.
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 existing accessory structure with a newly constructed second
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OCTOBER 21, 2021
ITEM NO.: 7 (CON"
Z-9619
story to exceed the coverage requirements to a maximum 39%. The applicant is
also requesting the entirety of the accessory structure be allowed to occupy the
existing footprint reducing the street side line setback to zero.
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.
E. Staff Recommendation:
Staff recommends approval of the requested front yard setback reduction from
twenty-five (25) feet to a minimum of 18-feet.
Staff recommends approval of the requested rear yard coverage to a maximum of
39%.
Staff recommends approval of the requested south side yard setback from 15-feet
to 0-feet where the existing garage is constructed to the property line.
Additionally, the variances are recommended for approval as per the submitted
survey / site plan sketch and are subject to 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
(October 21, 2021)
The applicant was present. There were no objectors present. Staff presented the item
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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