HomeMy WebLinkAboutBOA Action Letter - Approved With ConditionsDepartment of Planning and Development
723 West Markham Street
Little Rock, Arkansas 72201-1334
Phone: (501)371-4790 Fax: (501)371-4546
Jamey Rough
9818 Johnson Road
Mabelvale AR 72103
Date: October 25, 2022
Dear Mr. Rough:
File No. Z-9619-A
Location: 1701 N. Taylor Street
Issue: Setback Variance
Planning
Development
Building Codes
This is to advise you that in connection with your application, File No. Z-9619-A_, the following action
was taken by the Board of Adjustment at its meeting on October 20, 20h
(a) Approved the application as filed.
(b) X Approved the application with conditions.
(c) Denied the application.
(d) Deferred the application to the meeting.
(e) Withdrew the application.
(f) X See attached Board of Adjustment minute record for conditions.
(g) Other:
If a variance application is approved by the Board of Adjustment, all permits necessary for the initiation of
work shall be obtained within two (2) years from the date of approval, unless an extension of time is granted
by the Board. Otherwise, the Board's approval of the application shall be considered void.
According to the City's Zoning Ordinance Section 36-70:
"Appeals from the decision of the Board of Adjustment shall be filed with the appropriate court of
jurisdiction. This filing must occur within thirty (30) calendar days of the action by the Board of
Adjustment."
If you have questions, please call me at (501) 371-4792.
S incerely
Monte oore, Development Administrator
MM/vh
OCTOBER 20, 2022
ITEM NO. 2
File No.: Z-9619-A
Owners: Hudson Shermer Enterprises LLC
Attn: Susana Shermer
Applicant: Jamey Rough
Address: 1701 N Taylor
Z-9619-A
Legal Description: Lot 6, Block 20, of Mountain Park, an Addition 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 area provisions of Section
36-156 to permit more than 30% coverage of the rear yard for
an accessory structure.
Justification: The applicant's justification is presented as per the attached
letter.
STAFF REPORT
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PIP
C.
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Planning and Development Civil En ineerin Comments:
No Comments.
Buffering and Landscape Comments:
In October 2020 the City adopted the "Heights Landscape Design Overlay District,"
requiring installation of one tree per 40 linear feet of street frontage within the
Heights District Boundary, applicable to [among other types] residential
construction in excess of 600 square feet.
Building Codes Comments:
No Comments.
Staff Analysis:
The property at 1701 N Taylor St is in a predominantly R-2 zoned neighborhood,
within the Heights Landscape Design Overlay District. This overlay district generally
has no bearing on the subject variance requests.
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OCTOBER 20, 2022
ITEM NO. 2 (Con't. ]
111106F9
The subject property is located on the northeast corner of N Taylor and P Streets.
Built in 1935 the existing 1-story frame home occupying the property has undergone
several improvements in the recent years that are often typical of this neighborhood.
The immediate and surrounding properties are also populated with new or older
single family homes that are in their original state or have been renovated.
In October of 2021 the property owner petitioned the Board of Adjustment proposing
renovations to the home including an expansion to the back of the house to the east,
a second story addition to the existing detached garage, and a renovated south
fagade adding a front porch. The variances for this new construction included a front
yard setback, a side yard setback for an accessory structure, and a rear yard
coverage variance that would exceed 30%. Staff recommended approval of the
requests, the items were placed on the Consent Agenda, approved unanimously,
and the construction was completed within the requirements of the variances.
The original garage was built to the south property line, with current code requiring
accessory structures be located no closer to the street sideline than the 15-feet. With
the renovation of the garage the remodeled structure was applied to the rear yard
requirements which exceeded the rear yard coverage. The area provisions for
accessory structures do not allow for the coverage of more than 30%. The rear yard
is shown to be approximately 1260 square feet. The garage occupies approximately
490 square feet of the rear yard space increasing the coverage to 39%.
The applicant is now requesting to add a small inground swimming pool to this
already compromised but approved backyard. The site plan indicates that this new
accessory structure will be 15' x 25.5' in which 322 square feet will be located in the
northeast portion of the lot increasing the overall rear yard an additional 25% for a
total rear yard coverage of 64%
Sec. 36-156(a)(2)(c) states, "Accessory buildings or structures in the R-1 through R-
4A districts shall not be located closer than sixty (60) feet to the front property line,
fifteen (15) feet from a street sideline and may not occupy more than thirty (30)
percent of the required rear yard area..." Therefore, the applicant is requesting a
variance to allow an additional accessory structure (swimming pool) which will
increase the rear yard coverage to a maximum of 64%.
Staff is supportive of the requested variance associated with the proposed swimming
pool. The development of this small lot will have little or no additional visual impact
from that of the original home and recent improvements that occupy the property.
Staff views the rear yard coverage variance of this existing small space as minor
compared with the buildable capacity available to the property owner. Many of the
surrounding single-family homes were built on lots that would be non -conforming by
today's standards and have also exceeded the coverage requirements as calculated
by the current code. In Staff s opinion, the proposed swimming pool will have 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.
FA
OCTOBER 20, 2022
ITEM NO. 2 Con't. Z-9619-A
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.
E. Staff Recommendation:
Staff recommends approval of the requested rear yard coverage to a maximum of
64% as per the above staff analysis and the submitted survey / site plan sketch
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
(OCTOBER 20, 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 was placed 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.
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1701 N Taylor
Variance Request
This is a request for a variance to instal! a swimrnin9 pool at '17�1'l N Taylor in Little Rock. The
ere is already a
pool is needing to be installed in the rear 25 Ft set back. Thto mo a the pool to
required a variance for the same issue and was approved. There is no way ling
another location so this is the only option_ The pool is needing to be 6 ft off back property
. L.