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HomeMy WebLinkAboutZ-9661-A BOA Final Action Letter - Approved w Conditions 032322Department of Planning and Development 723 West Markham Street Little Rock, Arkansas 72201-1334 Phone: (501)371-4790 Fax: (501)371-4546 Jonathan Hope 117 S. Market Street Benton, AR 72015 Date: March 23, 2022 Dear Mr. Hope: Planning Development Building Codes File No. Z-9661 Location: 5417 Centerwood Road Issue: Accesso1y structure separation This is to advise you that in connection with your application, File No. Z-9661 , the following action was taken by the Board of Adjustment at its meeting on March 17, 2022: (a) Approved the application as filed. (b) X Approved the application with conditions. (c) Denied the application. (d) Deferred the application to the meeting. (e) Withdrew the application. (f) X See attached Board of Adjustment minute record for conditions. (g) Other: If a variance application is approved by the Board of Adjustment, all permits necessary for the initiation of work shall be obtained within two (2) years from the date of approval, unless an extension of time is granted by the Board. Otherwise, the Board's approval of the application shall be considered void. According to the City's Zoning Ordinance Section 36-70: "Appeals from the decision of the Board of Adjustment shall be filed with the appropriate court of jurisdiction. This filing must occur within thirty (30) calendar days of the action by the Board of Adjustment." If you have questions, please call me at (501)371-6817. Sincere D. Tracy Spill an, Plans Development Administrator DTS/vh MARCH 17, 2022 ITEM NO. 1 Z-9661 File No.: Z-9661 Owners: Jeffery D Utecht / Tracey A Schmucker Applicant: Johnathan Hope - Hope Engineers Address: 5417 Centerwood Road Legal Description: Lot 112, Prospect Terrace, Ph 2 An Addition to the City of Little Rock, Pulaski County, Arkansas Zoned: R-2 (Single -Family District) Present Use: Single-family Residence Proposed Use: Single-family Residence Variance(s) Requested: Request from the area provisions of Sec. 36-156 to allow an accessory structure to be separated from the primary structure by less than 6-feet and to permit an accessory structure with a reduced side yard setback. Justification: The applicant's justification is presented as per the attached letter dated January 19, 2021. STAFF REPORT A. Planning and Develâť‘ ment Civil Engineering: 1. No Comment B. Landscape and Buffers: 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: 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 MARCH 17, 2022 ITEM Na. 1 CCN'T. Z-9661 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 at (501)371-4832 for additional details. D. Staff Analysis: The property at 5417 Centerwood Rd is in a predominantly R-2 zoned neighborhood, within the Heights Landscape Design Overlay District. This overlay district generally has no bearing on the subject variance requests. The subject property is located on the south side of Centerwood, the fourth parcel east of Wildwood Rd. The site is occupied by a two-story masonry single-family residence that was constructed in 2015. An 8.7-foot-wide driveway is positioned on the northeast corner of the lot that extends along the east side of the residence to a one-story detached frame garage at the southeast corner of the property. The existing garage is located approximately 9-feet from the rear (south) property line and 0.8-feet from the east property line. The existing structure is in conformance with the rear setback but encroaches on the side yard setback to the east. The applicant is proposing to erect a covered outdoor patio with a fireplace between the garage and the house that will be open on 4-sides. This new structure will be approximately 26-feet in length and 13 -feet in width. It will be located approximately 2-feet from the garage and 4.5-feet from the back of the house. The patio will be attached to the house with a 5-foot-wide covered walkway. The east side of the proposed wall will be aligned with the east wall of the existing garage and encroach into the 3-foot side yard setback approximately 2-feet 10-inches. Sec. 36-156(a)(2)(b) states, "All single- and two-family residences shall be separated from accessory structures by a distance of not less than six (6) feet." Therefore, the applicant is requesting a variance to allow the accessory structure to be located a minimum 4.5 feet from the rear of the primary structure. 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 construction of an accessory structure with a reduced side yard setback from the eastside of the property line. PIA MARCH 17, 2022 ITEM NO. 1 CON'T. Z-9661 Staff believes the proposed accessory structure with reduced side yard setback and reduced separation from the primary structure will have no adverse impact on the adjacent properties or the general area. Staff finds the requests to generally be in conformance with the development pattern in this area, and based on the above assessment and analysis, finds the requested variance to be reasonable. E. Staff Recommendation: Staff recommends approval of the (east) side yard setback reduction to 0.175 feet, (2-inches) and the separation from the primary residence to no less 4.5 feet to accommodate the proposed accessory structure as described above in the staff analysis and as indicated on the attached site plan with the following conditions. 1. A building permit being obtained for all construction. 2. Install trees, if deemed applicable at the time of building permitting, in accordance with Heights Landscape Design Overlay District requirements. Board of Adjustment (March 17, 2022) The applicant was present on-line. There were no objectors present via WebEx or in person. Staff presented the application to the Commission and stated it recommended the side yard reduction variances be approved with conditions as per the staff report. A motion was made to approve the application on consent. The application was approved on consent. The vote was 4 ayes, 0 nays and 1 absent. 3