HomeMy WebLinkAboutZ-9667 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
Tim Daters
White-Daters & Associates
24 Rahling Circle
Little Rock AR 72223
Date: March 23, 2022
Dear Mr. Daters:
File No. Z-9667
Location: 23 LaScala Court
Planning
Development
Building Codes
Issue: Existing structure encroachment
This is to advise you that in connection with your application, File No. Z-9667, the following action was
taken by the Board of Adjustment at its meeting on March 17, 2022:
(a) X
Approved the application as filed.
(b}
Approved the application with conditions.
(c}
Denied the application.
(d)
Deferred the application to the meeting.
(e)
Withdrew the application.
(f)
See attached Board of Adjustment minute record for conditions.
(9)
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
D, r ,1nc�
D. Tracy Spill an, P ans Development Administrator
DTS/vh
MARCH 17, 2021
ITEM NO. 3 Z-9667
File No.- Z-9667
Owners: Parfour LLC
Applicant: Tim Daters — White Daters & Associates, Inc
Address: 23 La Scala Court
Legal Description: Lot 11, Hickory Grove Subdivision, Phase II, to the City of Little
Rock, Pulaski County Arkansas
Zoned: PD-R
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 the continued encroachment of existing
structures across a platted building line.
A variance is requested from the compliance regulations of
Sec. 36-11 to allow the continued encroachment of existing
structures into a utility easement.
A variance is requested from the area regulations of Section
36-156 to allow the continued encroachment of an existing
accessory structure into the rear yard setback.
Justification: The applicant's justification is presented as per the attached
letter dated October 19, 2021.
STAFF REPORT
A. Planning and Development Civil Engineering Comments:
No Comments
B. Buffering and Landscape Comments:
No Comments
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MARCH 17, 2021
ITEM NO. 3 CON'T. Z-9667
C. Building Codes Comments:
No Comments
❑. Staff Analysis:
On October 16, 2003, the developer of the community where the subject property
resides. proposed to amend the PD-R to allow the creation of 65 detached single-
family lots on the 38.62-acre site. The developer indicated the retention of the green
spaces as was previously proposed in the areas to the north and south of the site.
The applicant requested variances from the Subdivision Ordinance to allow an
increased depth to width ratio, a reduced front lot width, a reduced platted building
line and reduced side and rear yard setbacks for specific lots within the development.
As part of the above -mentioned development the subject property at 23 La Scala Ct
is located west of Hinson Road and north of Dorado Beach Drive within the gated
residential community of the Hickory Grove Subdivision and is surrounded by other
similar residences within this planned community. The homes on the north and east
side of La Scala are also bordered by a heavily wooded open space adjacent to their
rear property lines.
The one -story -plus masonry home was constructed in 2009. The rear of the property
is occupied with a covered patio, pool, and hot tub. The applicant's letter of intent
and attached sketch indicates that these accessory structures have been
constructed within the platted 10-foot building line / easement. The applicant is
seeking to replat the property to include the existing structures within the 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." Therefore, the applicant is requesting the continued
encroachment of existing structures across a platted building line.
Section 36-11 (f) sates, "No building or structure as defined in this chapter shall be
erected, converted, reconstructed or structurally altered that encroaches on, over or
into any easement. This includes drainage, utility access or use easements within
the boundary of any lot of record, platted or otherwise established. For purposes of
fence placement within easements, fences shall not be construed to be a building or
structure." Therefore, the applicant is requesting the continued encroachment of
existing structures into a utility easement.
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
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MARCH 17, 2021
ITEM NO. 3 CON'T.) Z-9667
on a dedicated alley. Therefore, the applicant is requesting a variance to allow the
non -conforming accessory structures to remain as constructed with a reduced rear
yard setback.
The applicant is requesting that building line encroachments be allowed to remain
on the rear (north), of the property as constructed. The covered patio, pool, and hot
tub were constructed within platted rear yard setback / utility easement
approximately 0.5 feet from the property line at its closest point. The applicant has
also provided documentation from the utility companies stating that they have no
objections to the requested variances.
In Staffs opinion, the proposed building line set back, and easement encroachment
pose no negative effect upon the health, safety, or welfare of the general public, and
do not detract from the value or aesthetic of the neighborhood or surrounding
properties. In addition, 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.
If the Board approves the requested building line setback 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 variances as outlined in the above
analysis.
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
encroachment of an existing structure across a platted building line and in a utility
easement variance 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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