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HomeMy WebLinkAboutZ-9668 BOA Action Letter - Approved with Conditions 042922Department of Planning and Development 723 West Markham Street Little Rock, Arkansas 72201-1334 Phone: (501) 371-4790 Fax: (501) 399-3435 Adam Head 1 Witry Court Little Rock, AR 72223 Date: April 25, 2022 Dear Mr. Head: Re: Case No. Z-9668 Location: 1 W itra Court Planning Development Building Codes Issue: Rear Yard and Side Yard Setback This is to advise you that in connection with your application case no. Z-9668, the following action was taken by the Board of Adjustment at its meeting on April 21, 2022. (a) (b) X (c) (d) (e) (f) X (g) Approved the application as filed. Approved the application with conditions. Denied the application. Deferred the application to the meeting. Withdrew the application. See attached Board of Adjustment minute record for conditions. 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 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 any questions, please call me at (501) 371-4864. Sincerely, '�I P D. Tracy Spilvan, Plans Development Administrator Department a Planning and Development DTS/vh APRIL 21, 2021 ITEM NO. 1 Z-9668 File No.: Z-9668 Owners: Adam & Courtney Head Applicant: Adam & Courtney Head Address: 1 Witry Court Legal Description: Lot 9, Block 100, Chenal Valley 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 area provisions of Section 36-156 to permit more than 30% coverage of the rear yard for an accessory building and to permit an accessory structure to be closer than fifteen (15) feet from a street sideline. Justification: The applicant's justification is presented as per the attached letter dated October 07, 2021. 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. 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 APRIL 21, 2021 ITEM NO. 1 Z-9668 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 371-4832 for additional details. D. Staff Analysis: This single-family residence is located within the Chenal Valley, Witry Ct Subdivision east of Rahling Road and north of Champagnalloe Dr. The existing home occupies the first lot at the southwest end of the gated cul-de-sac of Witry Ct. The two-story masonry and frame home was constructed in 2000 and most recently acquired by the current owners in 2016. The house faces north and includes a drive adjacent to the east property line leading to an attached garage at the rear of the home. The property is adjacent to other single-family homes that have been constructed in the same style and within the same time frame as the subject property. The south perimeter is adjacent to an OS (Open Space) zoned property while the west perimeter is adjacent to the Champagnaolle Dr right-of-way. Both the open space and the west perimeter right-of-way are vegetated mature trees. The applicant is proposing to install an inground swimming pool and covered patio. The survey and sketch provided indicate that the entirety of the patio will be located in the rear yard setback. The patio is shown to be located 10-feet from the east property line and 3-feet from the south property line which is within the allowable limits for accessory structures. In addition, the pool is also shown to be located within this same set back. Portions of the pool and associated spa also cross the side yard setback 3-feet and are shown to be installed 5-feet from the east property line. The area provisions for accessory structures do not allow for the coverage of more than 30% of the rear yard. The rear yard is shown to comprise approximately 1970 square feet. The patio will occupy approximately 600 square feet and the pool will occupy 396 square feet of the rear yard exceeding the maximum coverage requirements by 20%. In addition, a portion of the pool and spa are shown to be located 5-feet from the side (west) property line. Current code requires accessory structures be located no closer to the street sideline than the 15-feet. Sec. 36-156(a)(2)(c) states, "Accessory buildings or structures in the R-1 through R-4A districts shall not be located closer than sixty (60) feet to the front property line, fifteen (15) feet from a street sideline and may not occupy more than thirty (30) percent of the required rear yard area..." Therefore, the applicant is requesting a variance to allow the proposed swimming pool and covered patio to exceed the coverage requirements to a maximum of 50%. The applicant is also requesting that a portion of the pool/spa be located 5-feet from the property line. 2 APRIL 21, 2021 ITEM NO. 1 Z-9668 Staff finds the request to generally be in conformance with the development pattern in the Chenal Valley neighborhood and nearby area. Based on the above assessment and analysis, staff finds the requested variance to be reasonable. E. Staff Recommendation: Staff recommends approval of the requested rear yard coverage to a maximum of 50%. Staff recommends approval of the requested west side yard setback from 15-feet to 5-feet to accommodate the proposed pool/spa. Additionally, the variances are recommended for approval as per the submitted survey / site plan sketch and are subject to the following conditions: 1. A building permit being obtained for all construction. Board of Adjustment (APRIL 21, 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 rear yard coverage, side yard setback reduction variances be approved with conditions as per the staff report. The application was approved. The vote was 5 ayes, 0 nays, 0 absent. 3