Loading...
HomeMy WebLinkAboutZ-9628 -9 LaScala Court - BOA Staff RptMARCH 17, 2021 ITEM NO. 3 Z-9667 1 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 MARCH 17, 2021 ITEM NO. 3 (CON’T.) Z-9667 2 C. Building Codes Comments: No Comments D. 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 MARCH 17, 2021 ITEM NO. 3 (CON’T.) Z-9667 3 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 Staff's 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.