HomeMy WebLinkAboutZ-9376-A BOA Action Letter - Approved With Conditions 010322DECEMBER 16, 2021
ITEM NO. 5 Z-9376-A
1
File No.: Z-9376-A
Owners: Michael Morgan Bailey and Chandler B. Bailey
Applicant: Michael Morgan Bailey Jr.
Address: 1809 N. Monroe
Legal Description: Lot 74 and North 25’of Lot 75 Shawdowlawn Addition of
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 regulations of Sec. 36-156 to allow an
accessory structure to occupy more than 30% coverage of the
rear yard and to permit an accessory structure with a reduced
side yard setback.
Justification: The applicant’s justification is presented as per the attached
letter.
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:
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)
DECEMBER 16, 2021
ITEM NO. 5 Z-9376-A
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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 371-4832 for additional details.
D. Staff Analysis:
The property at 1809 N. Monroe 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 east side of N. Monroe Street, north of Cantrell
Road and occupied by a one-story brick and frame single-family residence.
A 10-foot-wide driveway is positioned on the northwest corner of the lot that extends
along the north side of the residence to a one-story detached frame garage at the
northeast corner of the property. The existing garage is located 4-feet from the rear
(east) property line and 0.9-feet from the north property line. The existing structure
is in conformance with the rear setback but encroaches on the side yard setback to
the north.
The applicant proposes to make two (2) small additions to the accessory garage
structure increasing the depth to allow for vehicle parking inside. The addition to the
south of the garage will align with the rear wall and be 4-feet and width. The south
addition will conform to the setback standards, The west addition will align with the
north side of the existing garage but will extend this nonconforming edge slightly
further into the side yard setback. This west addition will be 2-feet wide and be
located 1.1- feet from the property line at the northwest corner but no closer than the
existing northeast corner at 0.9-feet from the property line.
The additions will increase the rear yard coverage. 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 1870 square feet. The
proposed expansion of the garage will increase the accessory structure located in
the rear yard from 504 square feet to approximately 615 square feet. As proposed
the portion of the garage that will be located in the rear yard will increase coverage
to approximately 490 square feet exceeding the maximum coverage requirements
by 3%.
Sec. 36-156(a)(2)(c) states, “Accessory buildings or structures in the R-1 through
DECEMBER 16, 2021
ITEM NO. 5 Z-9376-A
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R-4A districts shall not be located closer than sixty (60) feet to the front property line,
fifteen (15) feet from a street sideline 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 minimal expansion to
exceed the coverage requirements to a maximum 33%.
Sec. 36-156(a)(2)f states, “Accessory buildings shall maintain at least a three-foot
setback from any side or rear yard property line except where said rear yard abuts
on a dedicated alley. Therefore, the applicant is requesting a variance to allow the
expansion of a non-conforming accessory structure with a reduced side yard
setback from the north side of the property line.
Staff is supportive of the requested variances to allow the expansion of a
nonconforming structure, a reduced side yard setback for the existing accessory
building encroachment and proposed addition, and to allow an accessory structure
to occupy more than 30% of the rear yard area. Staff views the request as
reasonable. The proposed setback will not be out of character with other accessory
structures throughout this neighborhood. The encroachment is comprised of only a
2-foot-wide addition to the west side and 4-foot addition to the south side of the
accessory structure. The addition will be located further back from the north side
property line than the existing northeast corner of the garage structure. Staff believes
the proposed addition to the existing accessory structure with reduced side yard
setback and increased area coverage will have no adverse impact on the adjacent
properties or the general area.
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 expansion of a non-conforming structure, north
side yard setback reduction to 0.9 feet, and rear yard coverage to a maximum of
33% subject to the following.
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.
Letter of Intent for Zoning Variance For:
Michael and Chandler Bailey
1809 N Monroe St.
Little Rock, AR 72207
Property Zoning: R2
Legal Description: SHADOWLAWN N’25 of 75 & all 74
Dear Board of Adjustment Members,
We are requesting the two zoning variances detailed below to allow the replacement of
our primary residence’s current detached garage located at the above address. We have a
growing family and are quickly running out of space. Rebuilding the existing detached garage
would provide the necessary additional living space while allowing us to stay in our home. It
would also provide a much‐needed update to the property as the detached structure was
original to the home when it was built in 1924 to our knowledge. These variances are necessary
for the proposed rebuild of the outdated existing structure to allow a staircase to the 2nd floor
and include HVAC, while staying in character with the property and surrounding neighborhood.
1. The area provisions of section 36‐153 of the Little Rock Code of Ordinances to allow the
expansion of a non‐conforming structure.
This variance would allow us to keep the garage centered with the driveway and avoid
vehicle parking issues. The driveway cannot be expanded or moved as it runs between the
existing house and the northern neighboring property line. Allowing the new structure’s
northern footprint to remain in the same location would avoid unnecessary parking issues and
allow the necessary space to efficiently move vehicles into and out of the garage.
2. The area provisions of section 36‐254 of the Little Rock Code of Ordinances to permit
reduced rear setback.
This minimal reduction in rear setback would allow the addition of stairs leading to the
2nd story and HVAC to the structure. As stated previously, the existing structure is outdated and
to our knowledge, original to the property. This requested reduction in rear setback would
allow the stairs and HVAC to be added to the southern footprint of the current structure.
Thank you for your consideration,
Sincerely,
Michael and Chandler Bailey
Property Owners
Case No:
Name:
Location:
City of Little Rock Planning & Development
Title:
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Vicinity Map
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PD:
Area Zoning
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Z-9376-A
1809 North Monroe
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T2N R12W 31
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City of Little Rock Planning & Development
Rev: 11/8/2021
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