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Home My WebLink AboutZ-9628 BOA Action Letter - Approved With Conditions 010322DECEMBER 16, 2021 ITEM NO. 8 Z-9628 1 File No.: Z-9628 Owners: Joe E. and Suzanne Simpson Applicant: Don Overton - The Overton Firm Address: 9 La Scala Court Legal Description: Lot 5, Hickory Grove Subdivision, to the City of Little Rock, Pulaski County Arkansas Zoned: PD-R Present Use: Single Family Residence Proposed Use: Single Family Residence Variance(s) Requested: A variance is requested from the building line regulations of Sec. 31-12 to allow the continued encroachment of existing structures across a platted building line. A variance is requested from the compliance regulations of Sec. 36-11 to allow the continued encroachment of existing structures into a utility easement. A variance is requested from the area regulations of Section 36-156 to allow the continued encroachment of an existing accessory structure into the rear yard setback. Justification: The applicant’s justification is presented as per the attached letter dated October 19, 2021. STAFF REPORT A. Planning and Development Civil Engineering Comments: No Comments DECEMBER 16, 2021 ITEM NO. 8 Z-9628 2 B. Buffering and Landscape Comments: No Comments C. Building Codes Comments: No Comments D. Staff Analysis: The subject property at 9 La Scala Ct is located south of west of Hinson Road within the gated residential community of the Hickory Grove Subdivision. The one-story masonry home was constructed in 2008 and most recently acquired by the current owners in 2014. The applicant’s letter of intent states that at the time of purchase there were several site items that were not in compliance with the currant code requirements at the time the property was purchased. These issues were not made apparent to the property owner until the property was placed for sale and a survey was performed by the buyer. The property owner’s representative contacted the Little Rock Department of Planning and Development to discuss the possible variances and requirements to rectify any code issues presented by the existing conditions. Former City of Little Rock, Development Manager, Mr. Tim Herndon reviewed the documents provided and presented a letter outlining the zoning variances that would be required and the support records to be included. Mr. Herndon’s letter and the requested approval documents are attached. The following variances are being requested. 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." Therefore, the applicant is requesting the continued encroachment of existing structures across a platted building line. Section 36-11 (f) sates, “No building or structure as defined in this chapter shall be erected, converted, reconstructed or structurally altered that encroaches on, over or into any easement. This includes drainage, utility access or use easements within the boundary of any lot of record, platted or otherwise established. For purposes of fence placement within easements, fences shall not be construed to be a building or structure.” Therefore, the applicant is requesting the continued encroachment of existing structures into a utility easement. 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 DECEMBER 16, 2021 ITEM NO. 8 Z-9628 3 on a dedicated alley. Therefore, the applicant is requesting a variance to allow the non-conforming accessory structures to remain as constructed with a reduced rear yard setback. The applicant is requesting that building line encroachments be allowed on the front (west), south (side), east (rear), and the 0.1-foot side encroachment to the north. The pool, outdoor kitchen, and hot tub were constructed over rear and side yard building setback lines. The front of the house was built over the front building setback line. The applicant has also provided documentation from the utility companies and POA stating that they have no objections to the requested variances. In Staff' s opinion, the proposed building line set back, and easement encroachment pose no negative effect upon the health, safety, or welfare of the general public, and will not detract from the value or aesthetic of the neighborhood or surrounding properties. In addition, Staff finds the request to generally be in conformance with the development pattern in the neighborhood. Based on the above assessment and analysis, Staff finds the requested variances to be reasonable. If the Board approves the requested building line setback 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 variances as outlined in the above analysis. The Overton Firm 115 SOUTH VICTORY STREET MAILING ADDRESS: PO BOX 241031 LITTLE ROCK, ARKANSAS 72223 TELEPHONE: 501.563.0186 – FACSIMILE: 501.396.6987 WWW.THEOVERTONFIRM.COM OFFICE@THEOVERTONFIRM.COM October 20, 2021 Romie Price | Development Specialist Via: email only City of Little Rock | Planning and Development 723 W. Markham Little Rock, AR 72201-1334 Main: 501-371-4790 – Direct: 501-371-6821 Email: rprice@littlerock.gov RE: APPLICATION FOR ZONING VARIANCE – 9 LaScala Court (Case Z-9628) Dear Mr. Price, My name is J. Don Overton and I represent the Property Owner of 9 LaScala Ct. Case No. Z-9628. Please accept this as the Cover Letter of Intent as to the applicant’s proposal and justification and reasons for requesting a variance from the requirements of the Zoning Ordinance. Mr. Simpson purchased the real property in May of 2014. At the time of purchase, the out of compliance items were present on the property and had been put in place prior to the purchase by Mr. & Mrs. Simpson. The issues did not become apparent to Mr. or Mrs. Simpson until they placed the property for sale and a survey was performed by the buyer and the issues were then made known to Mr. & Mrs. Simpson. The property is in a gated community in WLR and access is restricted to outside persons via a locked gate at the entrance to the neighborhood. All of the adjacent property owners have signed off on the requested variances and the POA has also signed off on the variances. Everyone agrees that the requested variances will not affect their ownership of their property and all agree that to deny the requested variances would be unfair to Mr. & Mrs. Simpson as they were innocent purchasers of the property and the issues were not made known to Mr. & Mrs. Simpson when they purchased the property. Additionally, the adjacent property owners were not aware of these issues until recently made aware due to the current buyer’s survey. The requested variances are both necessary and warranted as they will correct a minor set of issues that were unknown to the current owners, at the time of purchase, and that will not negatively affect or impact the surrounding property owners, nor any of the numerous utility companies that are on or service the property. If the Board of Adjustment denies the requested variances, then the City of Little Rock will lose out on the new family that is trying to purchase the property and make it their home. Very Truly Yours, J. Don Overton Cc: Client, File Case No: Name: Location: City of Little Rock Planning & Development Title: Sketch ± R2CUP R2 PD-R MF6 PRDMONTROSE DRHINSON RDBURNTTREE CT WOODBERRY RDP O W D E R H O R N CT L A S C A L A C TCASTLEROCK CVPATRIOTDR L O R IACT V E R O N A C T CANNONCT P AT RIO T C T PORTIA DRSHADOW CREEK DRDORADO BEACH DRLIBERTYBELL CTPEBBLE BEACH DR MELROSECVCARMEL LNLONGLEA DRVALLEY PARK DRB E L L A V WFAIRWAY VILLAGE CT C O V E N T R Y L N VALLEY FORGE DR WINDSOR RD CARMEL DR ^_ Vicinity Map Case: Location: CT: Ward: TRS: PD: Area Zoning ± Z-9628 9 La Scala Court 5 42.19 T2N R13W 29 19 City of Little Rock Planning & Development Rev: 11/8/2021 THIS SITE 0 210 420 Feet