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Home My WebLink AboutBOA 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 White-Daters & Associates File No. Z-9722 Tim Daters Location: 8812 Ranch Blvd. 24 Rahling Circle Little Rock. AR 72223 Date: October 25, 2022 Dear Mr. Daters: Issue: Setback & Easement Variances Planning Development Building Codes This is to advise you that in connection with your application, File No. _Z-9722, the following action was taken by the Board of Adjustment at its meeting on October 20, 2022: (a) Approved the application as filed. (b) X Approved the application with conditions. (c) (d) (e) (fl (g) Denied the application. Deferred the application to the meeting. Withdrew the application. X See attached Board of Adjustment minute record for conditions. 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. Sincerely, Monte Moore, Development Administrator MM/vh OCTOBER 20, 2022 ITEM NO. 3 File No.: Owners: Applicant: Address: Legal Description: Zoned: Present Use: Proposed Use: Z Z-9722 Robert & Angela Alexander Family Trust Tim Daters — White Daters and Associates 8812 Ranch Blvd Lot 259, Cypress Pointe Addition, to the City of Little Rock, Pulaski County Arkansas 1W Single Family Residence Single Family Residence Variance(s) Requested: A variance is requested from the area provisions of Sec. 36-156 to allow an accessory structure to be separated from the primary structure by less than 6-feet and to allow and accessory structure to be located less than 3-feet from a rear property line. A variance is requested from the compliance regulations of Sec. 36-11 to allow the encroachment of a proposed structure into a platted utility easement Justification: The applicant's justification is presented as per the attached letter dated July 19, 2022. 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: The subject property at 8812 Ranch Blvd is occupied by a two-story masonry home that was constructed in 2004 and located within the West Little Rock 1 OCTOBER 20, 2022 ITEM NO. 3 Con't. Z-9722 subdivision known as Cypress Point. Ranch Blvd intersects Cantrell Rd / Highway 10 at the south and the subject property is located at the northeast of this cul-de- sac, the second parcel from the end on the north side of the street. The adjacent rear property to the north is zoned R-2 and noted as owned by Ranch Community Property and contains a reservoir that connects to the Little Maumelle River. The adjacent and surrounding properties are occupied by single-family homes which also border this reservoir property. Undeveloped wooded parcels are located directly across the street to the south and the southern terrain is characterized by higher elevations that slope downward to the north towards subject property and reservoir. The existing home was built within the required building lines with the exception of a covered outdoor patio extending the primary structure slightly over the rear yard setback line. The patio is built to meet the finished grade of the backyard and connected to the residence with a gabled roof. The roof extends the primary structure across the rear yard setback approximately 2.5-feet on the northwest corner and approximately 1-foot at the northeast corner. The applicant is proposing to construct a new inground swimming pool/spa at the rear of the property. The provided sketch indicates that the pool will be 51.7-feet in length x 15-feet in width and placed parallel with the home. The east 6-feet of the proposed pool is shown to be placed 3-feet from the covered patio exceeding the 6- foot limit required for accessory structures. The entirety of the swimming pool, deck, and spa are shown to be located across the 25-foot rear building line. In addition, there is also a 10-wide utility easement that runs parallel with the rear property line. Approximately half of the pool is shown to be located in this easement with the northwestern edge of the pool located approximately 2.5-feet from the property line with the associated coping extending an additional 1-foot. Sec. 36-156(a)(2)(b) states, "All single-family and two-family residences shall be separated from accessory structures by a distance of not less than six (6) feet." Therefore, the applicant is requesting a variance to allow the accessory structure to be located a minimum 3-feet from the rear of the covered patio/primary structure. Sec. 36-156(a)(2)(f) states: "Accessory buildings shall maintain at feast 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 an accessory structure to be placed 2.5-feet from 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 easement encroachments be allowed on the north (rear) of the property. 2 OCTOBER 20, 2022 ITEM NO. 3 (Con't.) Z-9722 Due to the property backing up to an unbuildable common area and waterway staff views the rear yard setback variance of this accessory structure / swimming pool addition as minor compared with the buildable capacity available to the property owner. Staff is supportive of the requested variance to allow the swimming pool to be located less than 3-feet from the rear property line and less than 6-feet from the primary structure. The adjacent home to the east was granted a rear setback variance in 2003 to locate the primary structure 10-feet from the rear property line.. The proposed pool additions of the subject property will not be out of character with other homes throughout this neighborhood and staff believes the new pool, spa and associated decks will have no adverse impact on the adjacent properties or the general area. Additionally in staff s opinion, the pool, and deck proposed to encroach into the existing utility easement 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. The applicant has also provided documentation from the Utility companies stating that they have no objections to the requested variances. Staff finds the request to generally be in conformance with the development pattern in the neighborhood and finds the request to be reasonable. E. Staff Recommendation: Staff recommends approval of the requested variances to allow an accessory structure to be separated from the primary structure by a minimum of 3-feet and to allow and accessory structure to be located a minimum of 2.5-feet from a rear property line. Additionally, staff is supportive of the encroachment variance into the utility easement. Both variances are subject to the above staff analysis and attached sketch / site plan, subject to compliance with the following condition: 1. A building permit being obtained for all construction. 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. 3 WHITE - DATERS & ASSOCIATES, INC. 24 Rahling Circle 13 Little Rock, Arkansas 72223 13 Phone: 501-821-1667 w+uw.vvhitedat . com July 19, 2022 Mr. Darrin Spillman City of Little Rock Planning and Development 723 W. Markham Street Little Rock, AR 72201 RE: Variance Request - Lot 259 Cypress Point Mr. Spillman; The Owner would like a variance and reduction in the width or the rear easement to allow the construction of a pool on the rear of the above captioned lot. I have attached six copies of the proposed plat and proposed improvements, the application form, the owner's affidavit and a check for the application fee. Please place this item on the agenda for the next meeting of the Board of Adjustment. Please contact me if you need any additional information or have any questions. Thank you for your assistance. E. Daters, P.E. CIVIL ENGINEERING - LAND PLANNING & DEVELOPMENT - SURVEYING - LANDSCAPE ARCHITECTURE