HomeMy WebLinkAboutBOA Action Letter - Approved With Conditions 072622JULY 21, 2022
ITEM NO. 3 Z-9540-A
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File No.: Z-9540-A
Owner: JC Tread Not, LLC
Applicant: John Gairhan
Address: 406 East 17th Street
Description: East 45 feet of Lot 6, Block 52, Original City of Little Rock,
Pulaski County, Arkansas.
Zoned: R-4
Variance Requested: A variance is requested from the Area provisions of Section
36-256 to allow reduced front and rear yard setbacks in an
R-4 district.
Justification: The applicant’s justification is presented in an attached letter
dated May 17, 2022.
Present Use: Vacant/undeveloped
Proposed Use: Single-Family Residential
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:
This R-4 zoned property is a 45’ wide by 50’ deep “lot of record,” reflected in a
warranty deed recorded in 1935, and the 406 E. 17th Street address of record is
evidenced in the 1939 Sanborn Fire Insurance maps of Little Rock. All adjacent
properties and much of the surrounding area is zoned R-4 (two-family). The subject
site lies within the Central City Overlay District. The property is undeveloped, except
for an existing small storage shed intended for removal, an existing curb cut to be
demolished and relocated, and existing fencing to be removed and replaced.
JULY 21, 2022
ITEM NO.: 3 (CON’T.) Z-9540-A
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The applicant proposes to construct a single-family home with an attached one-car
covered carport at the rear of the structure. The sketch provided indicates that the
lot is 50-feet in depth and 45-feet in width. The required 25-foot front and rear
setback lines would render this lot unbuildable, and the developer is requesting
variances to reduce the front yard setback to 8-feet and rear yard setback to 5-feet.
The side yard setbacks will exceed the minimum requirement of 4.5- feet and be
maintained at 5-feet on both the east and west sides of the property. Off-street
parking and the carport will be located in the back of the home with access from the
alley adjacent to the east property line.
Section 36-256(d)(1) states, “There shall be a front yard having a depth of not less
than twenty-five (25) feet.” Section 36-256(d)(3) states, “There shall be a rear yard
having a depth of not less than twenty-five (25) feet.” Section 36-155 states [in order
to be granted a variance,] “The property owner must show to the Board of
Adjustment the subject property is so restricted that the buildable area is not
sufficient for reasonable construction.” Therefore, the applicant requests that the
front yard setback be reduced to 8-feet and the rear yard setback be reduced to 5-
feet to allow for the construction of a small single-family residence.
This applicant proposes to add affordable housing stock and utilize existing infra-
structure to increase residential density and home occupancy in an area often
characterized by vacant and/or marginally maintained properties. The proposed 8-
foot setback will be compatible with the adjacent side yard setback of newly
renovated 1623 Rock Street, adjacent to the west. Strict application of the standard
front and rear setback requirement will render the 50-foot-deep lot undevelopable
as a residential site, and staff views the setback reduction request as reasonable
and appropriate.
The existing curb cut would be replaced with an appropriately located driveway
serving the proposed home and carport. The proposed carport location will facilitate
a second car parked in the driveway, in front of the carport, yet clear of the 17th
Street sidewalk. The proposed home will face south, directly across 17th Street from
the Scholastic Academy parking lot, and staff believes the allowance to park in the
driveway is appropriate.
E. Staff Recommendation:
Staff recommends approval of the front and rear yard setback variances as per the
above staff analysis and attached site plan, subject to a building permit being
obtained for all construction, with the following conditions:
1. The existing curb cut shall be removed, curb and gutter repaired or replaced as
necessary, and the new driveway apron and driveway.
2. Compliance with all other requirements of the Central City Design Overlay District.
JULY 21, 2022
ITEM NO. 3 (CON’T.) Z-9540-A
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Board of Adjustment (JULY 21, 2022)
The applicant was present. There were no persons registered in opposition. Staff
presented the item and a recommendation of approval as outlined in the “Staff
Recommendation” above. There was no further discussion.
The item remained on the Consent Agenda for approval. A motion was made and
seconded to approve the Consent Agenda. The vote was 5 ayes, 0 noes and 0 absent.