HomeMy WebLinkAboutBOA Action Letter - Approved With ConditionsDepartment of Planning and Development Planning
723 West Markham Street Development
Little Rock, Arkansas 72201-1334
Phone: (501)371-4790 Fax: (501)371-4546 Building Codes
John Norman File No. Z-9723
Location: 519 Maple Street
5518 A Street
Little Rock. AR 72205
Date: October 25, 2022
Dear Mr. Norman:
Issue: Setback Variance
This is to advise you that in connection with your application, File No._Z-9723, 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) Denied the application.
(d) Deferred the application to the meeting.
(e) Withdrew the application.
(fl 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.
Sincerely,
Monte Dore, Development Administrator
MM/vh
OCTOBER 20, 2022
ITEM NO. 4
File No.:
Owners:
Applicant:
Address:
Legal Description:
Zoned:
Present Use:
Proposed Use:
Z-9723
Z-9723
John Walter Norman III
Liraz Ben Zikri
519 S Maple
Lot 8. Block 11, Kimball and Bodeman Addition, to the City of
Little Rock, Pulaski County Arkansas
Single-family Residence (Vacant)
Single-family Residence
Variance(s) Requested: A variance is requested from the area regulations of
Sec. 36-255 to allow a reduced side yard setback in the R-3
district.
Justification: The applicant's justification is presented as per the attached
letter.
STAFF REPORT
A. Planninq and Development Civil Engine rinComments:
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.
1
OCTOBER 20, 2022
ITEM NO. 4 Can't. Z-9723
Contact the City of Little Rock Building Codes at 371-4832 for additional details.
D. Staff Analysis:
The R-3 zoned property located in south of Capital Avenue and east of DAMS Blvd.
The adjacent and surrounding properties are occupied by smaller single-family
frame residences constructed in the 1920's, 30's and 40's. Most of the homes in this
area remain in their original conditions with renovation and expansions trending
throughout this older Kimball and Bodeman subdivision.
The subject property is the second parcel on the east side of the street, south of the
intersection of Capital Ave and Maple St. The site is bordered on the north and south,
by single-family developments and can be accessed from an alley at the rear (east)
of the property or from Maple St. The survey illustrates this preexisting non-
conforming lotto be 46.80-feet in width and 131-feet in length. The site was originally
developed as a single-family residence in 1920 with a 700 sq ft home that has
remained unchanged since it was first constructed. The property was purchased by
the applicant in 2020, is currently unoccupied, and being renovated.
The survey indicates that the northwest corner of the house is located 3.6-feet from
the side (north) property line and northeast corner of the house is located 3.3-feet
from this same property line. The applicant is purposing an addition to the rear of
the home which is indicated to extend the current footprint 16.5 feet to the east. The
width of the home will remain the same at 28.3-feet. However, the alignment of the
addition with the north side of the house will place the new northeast corner of the
structure 3.1-feet from the side property line.
Section 36-255(d)(3) Side yard, states, "There shall be a side yard on each side of
the building having a width of not less than ten (10) percent of the average width
of the lot, not to exceed five (5) feet. "Therefore, the applicant is requesting a
variance to extend the side yard encroaching primary structure to the east, further
reducing the north setback to 3.1-feet at its narrowest point."
Staff is supportive of the requested variance associated with the proposed
residential structure. The renovations to the home on this small lot will have little or
no additional visual impact from that of the original residence that occupies the
property. Staff views the side yard setback 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 been constructed in the setbacks as
calculated by the current code. In Staff s opinion, the proposed setback reduction
of the addition 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.
2
OCTOBER 20, 2022
ITEM No. 4 Con't. Z-9T23
E. Staff Recommendation:
Staff recommends approval of the requested side yard setback reduction to a
minimum to 3.1-feet, as per the staff analysis and attached sketch / site plan, subject
to the following.
1. A building permit being obtained for all construction.
2. Compliance with the Building Codes requirements as noted in paragraph C.
of the staff report.
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.
From: John Norman, home Owner
RE: Home Addition lb.S' for additional SerIroc)m & &a7?aeaom Space
To the Chair of the Board:
I'm writing to request a variance for my single-family house, which is located at s 51 g ;,jlable Street
Little Rock; AR) my goal with this variance petition is to create a high -quality property which adds to
the overall aesthetics of the neighborhood and that the city of Little Rock will be happy to approve, As
you can see from the zoning and plans that granting the variance will not be a detriment to the
neighborhood and will not substantially impair the intent and purpose of'ri:e master plan and zoning
ordinance.
i am requesting a 165' addition to the rear of the property- I would mainly go straight back_ i would
only move to Z" (inches) slight from 3.3' to 3.1' respectfully. The spot we chase was chosen with care
and conscientiousness of our neighbors I believe we fulfill the hardship requirements for a variance and
kindly ask you to review and grant such a variance for the following:
10 The house is extremely small and not consistent with the other homes in the neighborhood. Its
small size would seemingly prevent it from meeting the needs of the typical resident of this
area. The desire is simply to make the house comparable with the other homes on the street
and within the neighborhood.
Thank you for your time and consideration.
John Norman