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HomeMy WebLinkAboutBOA Action Letter (Withdrawn) 072622JULY 21, 2022 ITEM NO. 1 Z-5435-A 1 File No.: Z-5435-A Owners: WLR Land Trust: Jennifer and Mark McCarty Applicant: Yeary Lindsey Architects: Ellen Yeary Address: 106 Hickory Creek Circle Legal Description: Lot 9, Hickory Creek Subdivision, Phase 1, 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 area regulations of Sec. 36-254 to allow a reduced rear yard setback in the R-2 district. A variance is requested from area regulations of Sec. 36-11 to allow a building addition to encroach into an easement. Justification: The applicant’s justification is presented on the attached letter dated May 16, 2022. STAFF REPORT A. Planning and Development Civil Engineering Comments: No Comments. B. Buffering and Landscape Comments: No Comments. C. Building Codes Comments: No Comments. D. Staff Analysis: The R-2 zoned property at 106 Hickory Creek Circle is occupied by a two-story masonry single-family residence. The home is located on the north side of the street and occupies the third parcel northwest of the intersection of Hickory Creek Drive and Hickory Street Circle. A circular driveway serves as access to the property. The property backs up to a tiered pond/creek area which serves as stormwater detention for the area. The survey indicates a 30-foot natural area (no trees to be removed) behind the home. The natural area also includes a 10-foot landscape easement JULY 21, 2022 ITEM NO.: 1 (CON’T.) Z-5435-A 2 inside and adjacent to the rear property line. North of the rear property line, a 20- foot floodway easement and common area has been designated. An existing in- ground pool and patio connecting the rear of the home are located in these easements and common areas. Constructed in 1992 the previous owner petitioned the Board of Adjustment in April of 1991 seeking rear and side yard variances. Variances were approved which allowed portions of the construction to be built within 1-foot of the rear property line and 2-feet from the east side yard property line. At the time of construction, the northeast portion of the home and patio, and the entirety of the swimming pool was allowed to be constructed into the flood fringe but remains out of the restricted floodway. All proposed improvements are also shown to be in this floodway fringe but will not extend into the restricted area. The applicant is proposing to construct a covered porch addition to the northeast of the house to be used as an extension of the family living area. The goal is to connect the existing family room with a new outdoor kitchen area and the existing pool with a structure that is architecturally compatible with the existing home. These improvements include an encroachment across the rear property line and into the granted easement to allow for the new porch structure. The applicant has included a recent letter from the Hickory Creek Property Association indicating review and approval of the proposed plans. The sketch provided by the applicant indicates that the porch addition will extend the primary residence 5-feet, 3-inches. The addition will cross the rear property line and continue an additional 16-feet, 2-inches into the floodway and common area easement. The existing patio has been constructed approximately 12-feet across this property line. The proposed construction will add an approximate 4-foot encroachment to what has previously been built. Section 36-254(d)(3) states “There shall be a rear yard setback having a depth of not less than twenty-five (25) feet. “The applicant requests a variance to allow 0 rear setback and the extension of the primary structure into the POA common area. Section 36-11(f) states “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.” Therefore, the applicant is requesting that the extension of the primary residence be allowed to cross the rear property line and into the floodway easement and common area. The survey and sketches provided by the applicant indicate that the addition to the primary structure will cross the rear property line 16-feet, 2-inches and be located 3- feet, 10-inches from the boundary of the floodway common area easement line. The property backs up to a wooded area and waterway. The proposed improvements JULY 21, 2022 ITEM NO. 1 (CON’T.) Z-5435-A 3 will be located approximately 200-feet from the rear of the closest home across the waterway. 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. E. Staff Recommendation: Staff recommends approval of the requested rear yard setback reduction from twenty-five (25) feet to 0-feet and the requested easement variance as outlined in the above staff analysis and on the attached sketch subject to the following conditions: 1. Any new construction must meet the local and Federal floodplain regulation requirements. 2. The addition must be constructed to match the existing residence. Board of Adjustment (JULY 21, 2022) The applicant was present. Staff recommended the application be withdrawn, without prejudice. The item remained on the Consent Withdrawal Agenda. A motion was made and seconded to withdraw the application. The vote was 5 ayes, 0 nays and 0 absent.