HomeMy WebLinkAboutTim Herndon Request Letter 100521Department of Planning and Development Planning
723 West Markham Street
Little Rock, Arkansas 72201-1334 Development
Phone: (501)371-4790 Fax: (501)371-4546 Building Codes
TO: Mr. Joe Simpson, et al
FROM: Tim Herndon, Development Manager
DATE: April 14, 2021
RE: 9 La Scala Court — Encroachments
This memo responds to the 3/18/21 packet of material you sent and is intended to assist you
in bringing 9 La Scala Court closer to a code -compliant condition.
The Planning and Development Office is not equipped to provide surveying services, legal
services, engineering services, etc. We do not guarantee comments herein are
comprehensive or absolute, because official review can occur only following your submittal of
a completed Application for Zoning Variance. You are encouraged to enlist the services of a
qualified planning consultant to prepare a complete application and help guide you through
the process.
I hope the following is helpful as you to move forward:
1. The house at 9 La Scala Court encroaches upon the front platted 5' setback line. Typically
a replat is required to remedy such an encroachment. However, because 9 La Scala Ct. is in
a Planned Residential District, if the Hickory Grove Ph. II POA approves the encroachment,
this can be handled at the Board of Adjustment level, via variance request to the Board of
Adjustment. The Planning Office will not require a re -plat.
a. Provide written approval from the POA with forthcoming variance application (poa 1)
b. Apply for variance - Refer to Municipal Code Sec. 31-12(b) Building Line Variances
(var. 1)
2. The house simultaneously encroaches upon the front 5' utility easement (Central Arkansas
Water occupies this easement — written statement from CAW is required, as well as
statements from Little Rock Water Reclamation Authority, Entergy, CenterPoint Energy and
ATT that no conflict exists at this specific location.) This also requires BOA variance request
approval.
a. Provide written approval from the five (5) above -listed utilities with forthcoming
variance application (util. 1)
b. Apply for variance - Refer to Municipal Code Sec. 36-11(f) Compliance (var. 2)
3. A fence encroaches upon the adjacent south side property. This can be addressed via the
2/25/21 Smokey Vaught letter, to be made part of the record.
Note: Neither this memo or the Vaught letter absolves you or subsequent owner(s) from
possible damage to the existing 24" high density plastic pipe within the 10' Drainage & Utility
Easement along this shared property line. A fence permit, including land survey, should have
been applied for/issued prior to excavation and installation.
a. Provide copy of 2/25/21 Smokey Vaught letter with forthcoming variance application
4. The pool house encroaches the adjacent south side platted 5' building setback, and
simultaneously the 10' Drainage & Utility Easement along the south side. The pool house
may have been constructed over an existing private 24" HDP storm sewer, although this
remains unknown. If POA expressly approves this condition, this office will most likely
recommend approval of a variance request to the BOA.
Note: If the pool house is destroyed or removed, it shall not be replaced in its present location.
a. Provide written approval from the POA (poa 2)
b. Provide written approval from the 5 above -listed utilities for this specific location
(util. 2)
c. Apply for variance - Refer to Municipal Code Sec. 31-12(b) Building Line Variances
(var. #3)
d. Apply for variance - Refer to Municipal Code Sec. 36-11(f) Compliance (var. #4)
5. Along the rear/east property line:
- The pool house was built within the platted 10' rear building setback & drainage & utility
easement. With the 3/12/21 POA/Kendall Stanford letter, this office will handle this at the
Board of Adjustment level, via variance request.
a. Provide copy of 3/3/21 POA/Kendall Stanford letter with forthcoming variance
application (poa 3)
b. Apply for variance - Refer to Municipal Code Sec. 31-12(b) Building Line Variances
(var. #5)
- The pool house, pool and hot tub was built over the sanitary sewer main (this can be
recommended for approval by this office, per the 3/3/21 LRWRA/Steven Hotho email) and
a variance request is required.
Note: As stated in Mr. Hotho's email, if the pool is destroyed or removed, it shall not be
replaced in its present location.
a. Provide written approval from the 5 above -listed utilities for this specific location
(util. 3)
b. Apply for variance - Refer to Municipal Code Sec. 36-11(f) Compliance (var. #6)
- A portion of the hot tub, pool deck and associated retaining wall were built outside of the
east property boundary and in "Tract 'A' Open Space." This condition will be allowed to
remain, with expressed written approval from your POA.
a. Provide written approval from the POA authorizing 9 La Scala privately owned
structures within "Tract 'A' Open Space." (poa 4)
6. Miscellaneous
- The platted building line encroachments to the west (front,) south (side,) east (rear,)
and the 0.1' side encroachment to the north will be allowed as existing non -conforming
conditions and, again, this office will not require a replat.
- Please provide a thorough and complete variance application to the Board of
Adjustment at the first convenient submittal deadline. The soonest deadline is April 20
for the June 17, 2021 BOA hearing. The next available deadline is May 18 for the July
15, 2021 BOA hearing.
- Enclosed with this memo is a marked -up copy of your emailed "9 La Scala CT City
pwk" file. Please review it carefully, prior to preparing a formal variance application.
- Please retain this memo for your records, feel free to forward a copy to concerned
parties, and contact this office with additional questions or comments. Thank you.