HomeMy WebLinkAboutZ-9666 BOA Final Action Letter - Approved with Conditions 032322Department of Planning and Development
723 West Markham Street
Little Rock, Arkansas 72201-1334
Phone: (501)371-4790 Fax: (501)371-4546
Planning
Development
Building Codes
Natalie Miller File No. Z-9666
Location: 83 St. Thomas Court
83 St. Thomas Court
Little Rock AR 72211
Date: March 23, 2022
Dear Ms. Miller:
Issue: Building line setbacks
This is to advise you that in connection with your application, File No. _Z-9666= 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.
Sincerely,
. roc-
D. Tracy pi llm «, Plans Development Administrator
DTS/vh
MARCH 17, 2022
ITEM NO. 2 Z-9666
File No.: Z-9666
Owners: Levis & Natalie Miller
Applicant: Levis & Natalie Miller
Address: 83 St Thomas Ct
Legal Description: Lot 488, St Charles Addition to the City of Little Rock, Pulaski
County, Arkansas
Zoned: R-2
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 a building addition which crosses a platted
front yard building line.
A variance is requested from area regulations of Sec. 36-254
to allow a reduced front yard setback in the R-2 district.
Justification: The applicant's justification is presented as per the attached
letter.
STAFF REPORT
A. Planning and Development -Civil Engineering Comments:
No Comments.
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 property line, the requirement no longer applies to the wall itself, only the
projections such as eaves or overhangs.
MARCH 17, 2022
ITEM NO. 2 [CON'TJ Z-9666
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-2 zoned property at 83 St Thomas Ct is located within a predominantly
residentially zoned west Little Rock neighborhood. The subject property is in the St
Charles subdivision north of Chenal Parkway and east of Loyola Drive. The property
is accessed from the circular street, St Thomas Ct and located on the north exterior
side of the road. The 2-story frame home was constructed in 1989 and is surrounded
by similar houses built in the same time period.
The applicant is proposing to build an overhead structure for the existing front porch
located at the front and center of the home. The proposed roof will act as a weather
barrier and protection for the front entry. The structure will be attached to the existing
landing which is approximately 5x7-feet and 2.5 feet above the finished grade at the
base of the house. The landing extends across the front 25-foot platted building line
1.5-feet while the landing steps extend an additional 2-feet across the same building
line.
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." The applicant requests a variance to allow a reduction of the
25-foot platted front building setback to 21.5-feet.
Section 36-254(d)(1) states, "There shall be a front yard setback having a depth of
not less than twenty-five (25) feet." The applicant requests a variance to allow a
reduction of the required front yard setback to 21.5-feet.
The survey and sketches provided by the applicant indicate that the addition to the
primary structure will cross the platted 25-foot front yard setback line 1.5-feet while
the exiting steps will continue to cross the building line 2.5-feet In Staff s opinion,
the existing conditions and the proposed addition 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. 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.
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MARCH 17, 2022
ITEM NO. 2 (CON'T.) 2-9666
If the Board approves the requested front yard setback line 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.
E. Staff Recommendation:
Staff recommends approval of the requested platted front building line reduction
from 25-feet to a minimum of 21.5-feet with the following condition:
Completion of a replat reflecting the above -described building line change.
Board of Adjustment
(March 17, 2022)
The applicant was present. There were no objectors present via WebEx or in person.
Staff presented the application to the Commission and stated it recommended the front
building line 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.
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