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HomeMy WebLinkAboutZ-9710 BOA Action Letter - Approved With Conditons 092022SEPTEMBER 15, 2022 ITEM NO. 2 Z-9710 1 File No.: Z-9710 Owners: Zachary and Leah Payne Applicant: Zachary Payne Address: 5619 P Street Legal Description: Lot G, Matthews Replat of Lots 4 thru 10, Block 28, Mountain Park Addition, Addition of 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 area regulations of Sec. 36-254 to allow a reduced rear yard setback in the R-2 district. Justification: The applicant’s justification is presented as per the attached letter dated July 8, 2022. 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 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. SEPTEMBER 15, 2022 ITEM NO.: 2 (CON’T.) Z-9710 2 Contact the City of Little Rock Building Codes (501)371-4832 for additional details. D. Staff Analysis: The property at 5619 P Street is located in the predominantly R-2 zoned neighborhood, within the Heights Landscape Design Overlay District. This overlay district generally has no bearing on the subject variance requests. The subject property is located on the south side of the road, the second parcel east of the intersection of N Filmore and P Street. An alley is adjacent to the east side of the property while a large single R-2 zoned parcel borders the south and west sides. The existing 1524 square feet frame home was built in 1960 and has undergone minimal improvements throughout the years that is often typical of homes in this neighborhood. The sketch provided by the applicant indicates a proposal for an addition to the residence that will wrap around the southwest and southeast sides of the home. The new construction will extend from the southwest face of the house and existing carport approximately 18-feet before turning to the southeast and proceeding for an additional 35.5 feet. The new wall will then run northeast for 28.3 feet before returning 12.5-feet back to the southeast corner of the house which is shared with an existing deck. The new space will add approximately 800 square feet to the primary structure and extend the south corner of the proposed building 18-feet across the 25-foot setback, placing the new construction 7-feet from the rear property line. Section 36-254(d)(3) states: “There shall be a rear yard setback having a depth of not less than twenty-five (25) feet.” Therefore, the applicant is requesting a variance to allow the extension of the primary structure 18-feet into the rear yard setback. Staff views the rear yard setback variance of this home addition as minor compared with the buildable capacity available to the property owner. Staff is supportive of the requested variance to allow the primary structure to cross the building line 18-feet, reducing the rear yard setback to 7-feet. The proposed house addition will not be out of character with other homes throughout this neighborhood and believes the extension of the primary structure will have no adverse impact on the adjacent properties or the general area. Staff finds the requests to generally be in conformance with the development pattern in this area, and based on the above assessment and analysis, finds the requested variance to be reasonable. SEPTEMBER 15, 2022 ITEM NO.: 2 (CON’T.) Z-9710 3 E. Staff Recommendation: Staff recommends approval of the requested rear yard setback reduction from twenty-five (25) feet to a minimum of 7-feet as per the staff analysis and attached sketch / site plan, subject to the following conditions: 1. A building permit being obtained for all construction. 2. Install trees, if deemed applicable at the time of building permitting, in accordance with Heights Landscape Design Overlay District requirements. Board of Adjustment (SEPTEMBER 15, 2022) The applicant was present. There were no persons present registered in opposition. Staff presented the item and a recommendation for approval as outlined in the “Staff Recommendation” above. There was no further discussion. The item remained on the Consent Agenda for approval. There was a motion made and seconded. The vote was 4 ayes, 0 nays and 1 absent. The application was approved.