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Home My WebLink AboutBOA Action Letter - Approved With ConditionsNOVEMBER 17, 2022 ITFM NO. 2 File No.: Z-9729 Owners: James and Melinda Markus Applicant: Jim and Melinda Markus Address: 25 La Scala Court Z-9729 Legal Description: Lot 12, Hickory Grove Subdivision, to the City of Little Rock, Pulaski County Arkansas Zoned: PD-R Present Use: Single Family Residence Proposed Use: Single Family Residence Variance(s) Requested: A variance is requested from the building line regulations of Sec. 31-12 to allow the continued encroachment of existing structures across a platted building line. A variance is requested from the compliance regulations of Sec. 36-11 to allow the continued encroachment of existing structures into a utility easement. A variance is requested from the area regulations of Section 36-156 to allow the encroachment of a proposed accessory structure into the rear yard setback. Justification: The applicant's justification is presented as per the attached letter dated October 19, 2021. STAFF REPORT A. Planning and Development Civil Engineering Comments: No Comments B. Buffering and Landscape Comments: No Comments 1 NOVEMBER 17, 2022 ITEM NO. 2 CON'T. Z-9729 C. Building Codes Comments: The required fire separation distance (building to property line) prescribed by the building code terminates at five feet. Buildings are allowed to be closer than five feet if they have properly constructed fire walls which provide the requisite one -hour fire resistance rating. When buildings are five 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 feet from the property line and are prohibited when the exterior wall is less than three feet from the line. There is no restriction on openings when the exterior wall is more than three feet from the property line. Contact the City of Little Rock Building Codes (501)371-4832 for additional details. D. Staff Analysis: On October 16, 2003, the developer of the community where the subject property resides. proposed to amend the PD-R to allow the creation of 65 detached single- family lots on the 38.62-acre site. The developer indicated the retention of the green spaces as was previously proposed in the areas to the north and south of the site. The applicant requested variances from the Subdivision Ordinance to allow an increased depth to width ratio, a reduced front lot width, a reduced platted building line and reduced side and rear yard setbacks for specific lots within the development. As part of the above -mentioned development the subject property at 25 La Scala Ct is located west of Hinson Road and north of Dorado Beach Drive within the gated residential community of the Hickory Grove Subdivision and is surrounded by other similar residences within this planned community. The homes on the north and east side of La Scala are also bordered by a heavily wooded open space adjacent to their rear property lines. The applicant is proposing to build a new home on this vacant lot. The proposed residence is shown to be built to the platted five (5)-foot front and side building lines. The survey indicates a ten (10)-foot platted building line at the rear of the property and the homes northeast corner is shown to be located approximately twelve (12) feet from this border at the closest point. As part of the development the homeowner also desires to construct a covered patio and in -ground swimming pool at the rear of the property. The applicant has stated, to allow safe circulation between the house and these accessary structures the patio and pool will need to be located no further than one (I) -foot from the rear property line. The sketch indicates that covered patio will be located three (3)-feet from the west (side) property line and both the patio and pool will be offset one (1)-foot from the rear property line and run parallel to this boundary. 2 NOVEMBER 17, 2022 ITEM NO. 2 (CON71 Z- Section 31-12(b) of the City's Subdivision Ordinance states, "In those instances where a recorded subdivision plat has established building setback lines in accordance with this chapter variances of those lines shall only be granted by the Board of Adjustment." Therefore, the applicant is requesting a variance to allow a reduction of the ten (10)-foot platted rear building line to one (1)-foot. Sec. 36-156(a)(2)(f) states, "Accessory buildings shall maintain at least a three-foot setback from any side or rear yard property line except where said rear yard abuts on a dedicated alley. Therefore, the applicant is requesting a variance to allow the construction of the covered patio and in -ground swimming pool with a reduced rear yard setback and be constructed no more than one (1)-foot from the rear property line. Note: the ten (10)-foot rear building line is indicated as an easement on the recent BOA item for the next -door property at 23 La Scala. The survey for this property only indicates the ten (10)-foot building 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 the continued encroachment of existing structures into a utility easement. The applicant is requesting that building line encroachments be allowed on the rear (north), of the property for the purposed accessory structures. A similar variance was approved by the BOA in March of 2021 for the adjacent property to the east at 23 La Scala. The approved variance allowed the continued encroachment of existing structures to remain as constructed, crossing the platted building line, and allowing an accessory structure to be located closer than three (3)-feet from the rear property line. Similar to the applicants request the adjacent property variance included a covered patio, pool, and hot tub constructed within the platted rear yard setback approximately 0.5 feet from the property line at its closest point. In Staffs opinion, the proposed building line set back, poses no negative effect upon the health, safety, or welfare of the general public, and does 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 variances 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. 1 NOVEMBER 17, 2022 ITEM NO. 2 CON'T. Z-9729 E. Staff Recommendation: Staff recommends approval of the requested variances for the continued encroachment of structures across a platted building line, the encroachment of a structure in an utility easement, and the encroachment of an accessory structure in a rear yard setback as per the staff analysis and subject to the following conditions: 1. Completion of a replat reflecting the above -described building line change. 2. A building permit being obtained for all construction. 3. Compliance with the Building Codes requirements as noted in paragraph C. of the Staff report. Board of Adjustment (NOVEMBER 17, 2022) The applicant was present. There were no objectors present. Staff presented the application with a recommendation of approval as outlined in the "Staff Recommendation" above. The item remained on the Consent Agenda for approval. A motion was made to approve the Consent Agenda. The vote was 4 ayes, 0 nays and 1 absent. The application was approved. rd