HomeMy WebLinkAboutZ-9705 -60 Falstone Court - BOA Staff Rpt
File No.: Z-9705
Owners: Standard Development Company LLC
Applicant: Johnathan Hope – Hope Engineering
Address: 60 Falstone Court
Legal Description: Lot 25, Block 135, Chenal Valley known as “Falstone Court”, 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 compliance regulations of
Sec. 36-11 to allow the continued encroachment of existing structures into a utility easement.
Justification: The applicant’s justification is presented as per the attached letter dated May 16, 2021.
STAFF REPORT
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 subject property at 60 Falstone Court is located south of east of LaMarche Dr within the Chenal residential community of the Falstone Court Subdivision. The
two-story masonry home was recently constructed and includes main swimming pool and hot tub, lower-level swimming pool, and pool house in the rear of the property. All the new construction
has been built within the setbacks, but portions of the lower pool and pool house accessory structures have been erected over an existing sewer easement.
The applicant’s letter of intent states that the terrain of the property was extremely challenging and after the construction the lower pool and pool house slight encroachments into
an existing sewer easement were discovered. As indicated on the sketch/survey the sewer easement runs parallel to the rear property line. At the northwest corner of the property the
easement is shown to be 14-feet in width. At the northeast corner the easement increases and is shown to be 21-feet in width.
Due to the increasing width of the easement and the angle of the lower pool in reference to the rear property line the eastern edge of the structure encroaches into easement 5-feet,
while the western edge encroaches approximately 8-inches. The northeast corner of the pool house crosses the easement line approximately 1.5-feet and the sketch indicates an additional
18.9 feet from the corner of the structure to the rear property 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 that sewer easement encroachments be allowed on the north (rear) of the
property.
Small portions of the lower pool, and pool house were constructed over an existing sewer easement. 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 easement encroachment poses no negative effect upon the health, safety, or welfare of the general public, and will 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 variance 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.
D. Staff Recommendation:
Staff recommends approval of the requested variances as outlined in the above analysis.