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HomeMy WebLinkAboutZ-9628 -9 LaScala Court - BOA Staff RptDECEMBER 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 B. Buffering and Landscape Comments: No Comments DECEMBER 16, 2021 ITEM NO. 8 Z-9628 2 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 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. DECEMBER 16, 2021 ITEM NO. 8 Z-9628 3 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. D. Staff Recommendation: Staff recommends approval of the requested variances as outlined in the above analysis.