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HomeMy WebLinkAboutZ-9454-A 9.3.2020 BOA Staff ReportSeptember 3, 2020 ITEM NO. 3 Z-9454-A 1 File No.: Z-9454-A Owner: Terra Firma Project, LLC Applicant: Billy C. Collins, Jr. Address: 5205 Kavanaugh Blvd. Legal Description: Lot 11, Block 1, McGehee Addition Zoned: R-2 Present Use: Single-family Residence Proposed Use: Single-family Residence Variances Requested: Request from Area regulations of Section 36 -254(d)(3) to allow a reduced rear yard setback in the R-2 district; Request from Area regulations of Section 36 -254(d)(2) to allow a reduced side yard setback in an R-2 district; Request from Area provisions of Section 36-156(a)(2)(b.) to allow reduced separation for an accessory structure in an R-2 district. Justification: Presented in letter dated July 28, 2020 (attached.) STAFF REPORT A. Engineering Issues: No Comments. B. Landscaping Issues: 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 Issues: 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 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 (501)371-4832 for additional details. September 3, 2020 ITEM NO. 3 Z-9454-A 2 D. Staff Analysis: Note - This item previously appeared before the Board of Adjustment as “Z-9454” on September 30, 2019. That application proposed a rear building line coinciding with the rear property line (0-foot setback,) with no side yard encroachment and no proposed accessory structure (pool.) Z-9454 was unanimously denied by the Board. Subsequently, a building permit for 5205 Kavanaugh Blvd. was applied for and issued, pursuant to construction of a fully compliant residential expansion, with no encroachment into the required 25 -foot rear setback nor into the required five-foot side yards. However, after construction of a significant portion of the building, a complaint was registered by a nearby property owner, and the City determined that encroachment violations had been committed. A “stop work order” is presently in effect, pending outcome of the current variance request, known as “Z-9454-A.” The R-2 zoned property is located at 5205 Kavanaugh Blvd. on the south side of Kavanaugh Blvd., formerly occupied only by a 1,264 square-foot one-story brick single family residence, now also with new two-story construction described elsewhere in the body of this report. A one-car wide driveway exists at the northeast portion of the property and extends into the rear yard area. A paved alley right-of- way is located along the rear (south) property line. The applicant recently constructed a two-story addition to the rear of the existing residence, as indicated on the attached site plan dated July 28, 2020. The addition includes approximately 2,832 square feet to be heated and cooled space, as well as a 960 square foot four-car garage. The site plan portrays the addition as 4.5 feet from the east property line, 5 feet from the west side property line, and 5 feet from the rear (south) property line. The alley right-of-way provides access to the garage portion of the addition. The applicant also proposes to construct a 13-foot by 20-foot pool (accessory structure) in the back yard area, within one foot of the expanded principal residence. Section 36-254(d)(2) requires a minimum side yard setback of five feet for the recently constructed addition. The applicant requests a variance to allow the building addition to be 4.5 feet from the east side property line. Section 36-254(d)(3) of the City’s Zoning Ordinance requires a minimum rear setback of 25 feet for the recently constructed addition. The applicant requests a variance to allow the building addition to be five feet from the rear (south) property line. Section 36-156(a)(2)(b.) requires a minimum separation of six feet between accessory structures (proposed pool) and principal residential structures. The applicant requests a variance to allow the accessory structure to be one foot from the principal structure. September 3, 2020 ITEM NO. 3 Z-9454-A 3 In the July 28, 2020 cover letter accompanying this request the applicant states, Other residences in the area have been granted a variance and have attached garages.” Those residences were listed in the applicant’s letter and numbered 1 through 4, included for comparison in the following table: The garage, in its immediate context, as well as when compared with sample sites cited by the applicant in the table above, is relatively massive in scale. The garage addition alone occupies more than 80 percent of the required 50’ x 25’ rear yard area. (By contrast, an allowable accessory structure may occupy no more than 30 percent of the required rear yard.) Furthermore, the previous, similar variance request was unanimously denied by the Board of Adjustment in September 2019. While other setback variances have been granted in the general area, the subject massing/lot coverage is not in keeping with the character of the neighborhood. Staff does not view the request as reasonable and neither supports the requested rear and side yard setback variances, nor the reduced accessory structure (pool) separation variance. As of this writing, two neighboring owners have called the Planning and Development Office to ask questions and express concerns in August 2020, and a separate complaint was registered by a neighbor in June 2020, leading to issuance of the “stop work order” by the City. E. Staff Recommendation: Staff recommends denial of the requested rear setback, side yard setback and accessory structure separation variances.