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Home My WebLink AboutZ-9633 BOA Action Letter - Approved As Filed 010322DECEMBER 21, 2021 ITEM NO. 12 Z-9633 1 File No.: Z-9633 Owner: Common Ground Opportunity Fund, LLC Applicant: Adam Fogelman Address: 1920 / 1922 Commerce Street Description: S 40’ of N 84.5 of Lot 2, Block 402 of the Lincoln & Zimmerman Addition Zoned: R-4 Variance(s) Requested: A variance is requested from area regulations of Sec. 36-256 to allow a reduced front and rear yard setback in the R-4 district. The parking regulations of Sec. 36-502 to allow a reduced number of parking spaces required for a two-family development. Justification: The applicant’s justification is presented as per the attached letter dated October 18, 2021. Present Use: R-4, Vacant Proposed Use: R-4, Two-family Development STAFF REPORT A. Planning and Development Civil Engineering Comments: No Comment. B. Buffering and Landscape Comments: No Comments. 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) hour fire resistance rating. When buildings are five (5) feet or more from the DECEMBER 21, 2021 ITEM NO. 12 Z-9633 2 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 (501)371-4832 for additional details. D. Staff Analysis: The R-4 zoned property at 1920 /1922 Commerce Street is located within a predominantly R-4 zoned neighborhood. This second tract on the west side of the road is located north of the intersection of Charles Bussey Ave. The survey indicates the lot to be 45 feet in width and 75.5 feet in length. If enforced, the code requirements would only allow a 25.5 feet wide portion of this lot to be development. The applicant is proposing to develop a two-family dwelling. The structure is proposed to be a 32-feet in width and 42-feet in length. Developments of this type are required to have 1.5 parking spaces per unit. Off street parking will be accessed from Charles Bussey Ave by a new drive and provide 2 stacked parking spaces behind the two-family dwelling. An existing curb cut on Commerce Street will be removed, and the curb reconstructed. This will restore the parking and provide a total of two (2) on-street spaces immediately adjacent to the subject property. The applicant has stated that the shallow depth of the lot only provides 25.5-feet for development and is requesting the encroachments be allowed in the front and rear setbacks. The provided sketch shows the home and the associated porches extending into the front setback 19.5 feet. The rear wall of the home is indicated to be built on the 25-foot setback line with the porch extending another 7.5 feet beyond this point into the rear yard setback. Section 36-256(d)(1) states, “There shall be a front yard setback having a depth of not less than twenty-five (25) feet.” Therefore, the applicant is requesting a variance to allow the extension of the primary structure into the front yard setback to no more than 19.5-feet reducing the front yard setback to 5.5-feet. Section 36-256(d)(3) states “There shall be a rear yard setback having a depth of not less than twenty-five (25) feet. “Therefore, the applicant is requesting a variance to allow the extension of the primary structure into the rear yard setback 7.5 feet reducing the rear yard setback to 17.5-feet. Sec. 36-502(b)(1)(s) states that the parking requirement for a “Two-family dwelling, 1.5 spaces per unit.” Therefore, the applicant is requesting a variance to allow the DECEMBER 21, 2021 ITEM NO. 12 Z-9633 3 off-street parking to be reduced from 3 spaces to 2 spaces with an additional 2 on street parking spaces making up the difference. In Staff' s opinion, the proposed setback reductions, and the elimination of 1 onsite parking space will pose no negative effect upon the health, safety, or welfare of the public, and will not detract from the value or aesthetic of the neighborhood or surrounding properties. E. Staff Recommendation: Staff recommends approval of the requested front yard setback reduction to 5.5. feet, the rear yard setback reduction to 17.5 feet, and the reduction of the off-street parking requirements 3 spaces to 2 spaces as indicated on the submitted survey/site plan sketch. Page 1 Common Ground Opportunity Fund, LLC 620 East 16th Street • Little Rock, AR 72202 October 18, 2021 Members of the Board of Adjustment 500 W. Markham Little Rock, AR 72201 RE: 1920/1922 Commerce St. Dear Members of the Board: The parcel at 1920/1922 Commerce Street is forty (40) feet wide and seventy-five and one-half (75.5) feet. The standard city lot in the area is fifty (50) feet wide by one hundred and forty (140) feet deep. This shallow depth of the lot provides a depth of only twenty-five and one- half (25.5) feet for development if the area provisions of city code are strictly enforced. If the minimum parking standard is strictly enforced, the buildable area is further reduced. We are requesting a reduced front setback of nine (9) feet and a rear setback of twenty- four and on-half (24.5) feet to allow for the construction of a traditional townhouse-style two- family dwelling with a total width of thirty-two (32) feet and a total depth of forty-two (42) feet. The attached survey includes the footprint of the proposed structure. Please note that the historic storefront on the lot immediately south of the subject property has a setback of 8.1 feet and the beauty shop on the lot immediately north has a setback of 8.7 feet. The proposed structure will have open porch with a depth of six (6) feet on the front of each unit, so that the exterior wall nearest the front boundary will be fifteen (15) feet from the boundary. See attached elevation. The rear setback is proposed to be reduced by one-half of one foot from a required twenty-five (25) feet to twenty-four and one-half (24.5) feet. Each dwelling unit will have access to a rear patio as well as stacked parking for two (2) vehicles. An existing curb cut on Commerce Street near the south property boundary will be removed, and the curb restored. This will restore the availability of one (1) on-street parking spot, for a total of two (2) on- street parking spots immediately adjacent to the subject property. Additionally, the subject property has only ever been vacant land, or occupied by a two-family dwelling. See the 1913 Sanborn Fire Insurance Map of the area, to the right. Without the grant of the identified variances, the parcel cannot be developed in a manner that is consistent with and complimentary to the area. Page 2 Common Ground Opportunity Fund, LLC 620 East 16th Street • Little Rock, AR 72202 We appreciate your consideration to this matter. Sincerely, Adam Fogleman, member Common Ground Opportunity Fund, LLC Case No: Name: Location: City of Little Rock Planning & Development Title: Sketch ± R4CUP R4ACUP R4CUP R4CUP R4CUP R4CUP R4ACUP R4CUP R4CUP R4CUP R4CUP R5 C3 PD-R R5 R3 R5 PD-R PD-R PD-R C3 O3 CAPM PCD R4 R4 C3 R5 C3 R5 R5 NOT R3 R5 R5 PD-R PD-R CAPN PD-R O3 O3 PCD R4 PR C3 O1 R5 C3 O1 PD-R R5 POD CAPO CAPN R5 R4A MAIN STMCALMONT STE 22ND ST E 21ST ST VANCE STE 23RD STPARK LNE 17TH ST E 16TH ST BRAGG STE CHARLES BUSSEY AVES ROCK STE 15TH ST S COMMERCE STS SCOTT STCUMBERLAND STE 18TH ST E 19TH ST INTERSTATE 30FRONTAGE RDINTERSTATE 630^_ Vicinity Map Case: Location: CT: Ward: TRS: PD: Area Zoning ± Z-9633 1920/ 1922 Commerce Street 1 46 T1N R12W 11 8 City of Little Rock Planning & Development Rev: 11/9/2021 THIS SITE 0 210 420 Feet