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HomeMy WebLinkAboutZ-8861 Staff AnalysisMAY 20, 2013 ITEM NO.: 7 File No.: Owner/Applicant Address: Description: Zoned: Tammy Miller and Phil Plyler 2720 N. Fillmore Street Southwest Corner of N. Fillmore Street and "Z" Street (undeveloped right-of-way) R-2 Variance Requested: Variances are requested from the area provisions of Section 36-254 and the fence provisions of Section 36-516 to allow a building addition with reduced side setback and a fence which exceeds the maximum height allowed. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Single Family Residential Proposed Use of Property: Single Family Residential STAFF REPORT A. Public Works Issues: 1. This portion of Z Street public right-of-way is being considered for a future street and drainage improvement project at the request of citizens. No Franchise Permits have been issued for any existing private improvements located within the City right-of-way. At the time of construction of the project, the City will request the existing private improvements within the right-of-way to be removed. If not removed by the owner, those improvements will be removed by the City and repayment of city expenses may be requested from the owner. Those improvements will not be replaced at the completion of the project. 2. No franchise permits will be issued for any proposed private improvements within the Z street public right-of-way including concrete or asphalt driveways used for vehicle parking, fences, landscaping or any other structure. 3. A future Z Street street and drainage improvement project could consist of constructing a 26 ft. wide street in the center of the right-of-way with a 5 ft concrete sidewalk placed at right-of-way line adjacent to the subject property and relocation of the existing open ditch to a closed pipe system or new open ditch system within the Z Street public right-of-way from Pierce Street to Fillmore Street. MAY 20, 2013 ITEM NO.: 7 (CON'T ) 4. Any proposed garage or carport must be located at least 20 ft. from the Z Street public right-of-way to prevent vehicle parking within the public right- of-way. B. 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. Contact the City of Little Rock Building Codes at 371-4832 for additional details. C. Staff Analysis: The R-2 zoned property at 2720 N. Fillmore Street is occupied by a one-story brick and frame single family residence. The property is located at the southwest corner of N. Fillmore Street and "Z" Street (an undeveloped right-of-way). There is a one - car wide asphalt drive at the northeast corner of the property, within the "Z" Street right-of-way. A deck/patio area and a small area of fencing on the north side of the residence is also located within the "Z" Street right-of-way. An accessory building (approximately 400 square feet in area) is located at the northwest corner of the property. The applicant is proposing to construct one-story additions to the residence, as noted on the attached site plan. A 12 foot wide porch (covered/unenclosed) is proposed on the front (east) of the residence. A 7.8 foot wide addition is proposed on the north side of the structure, with a 16 foot wide addition on the rear (west). The porch will total 453.6 square feet, and be located 30 feet back from the front (east) property line and be built to the north side property line (zero setback). The additions on the side and rear (916 square feet) will be approximately 38 feet back from the rear (west) property line and are also proposed with no setback from the north side property line. The additions will have a 7.5 foot setback from the south side property line. The deck/patio and fence encroachments into the "Z" Street right-of-way will be removed with the proposed construction. The applicant is also proposing to construct a 16 foot wide paved driveway within the "Z" Street right-of- way as part of the project. The driveway will extend the entire length of the property (140 feet) to the accessory building near the rear property line. The applicant is also proposing a new six (6) foot high wood fence to enclose the rear yard area, extending 18 feet into the "Z" Street right-of-way. MAY 20, 2013 NO.: 7 (CON'T. Section 36-254(d)(2) of the City's Zoning Ordinance requires a minimum side setback of 4.5 feet for this R-2 zoned lot. Section 36-516(e)(1)a. allows a maximum fence height of four (4) feet for fences located between a building setback line and street right-of-way. Therefore, the applicant is requesting variances from these ordinance standards to allow the building addition with a reduced cine ce+hack and the nnrtinnof the civ /Rl fnot high fence locattd ctj �erithin the north 4.5 feet of the lot and within the "Z" Street right-of-way. Staff does not support the variances, as requested. Staff has no issue with the requested zero (0) side setback, given the fact that it is adjacent to an undeveloped street right-of-way which could remain an undeveloped right-of-way in the future. However, staff does not support any new improvements in the "Z" Street right-of-way. Public Works notes in paragraph A. that no new franchise permits will be issued for this portion of right-of-way due to the fact that a drainage project is being considered which will utilize the right-of-way area. The applicant should be aware that the future drainage project could include construction of this one (1) block section of "Z" Street. If that occurs, the back of curb will be located approximately seven (7) feet from the applicant's north side property line, with a sidewalk located at this property line. Staff believes the applicant should re- evaluate the proposed project and consider an overall addition with some setback from the north side property line and a parking pad in the front yard area, between N. Fillmore Street and the front of the house. D. Staff Recommendation: Staff recommends denial of the proposed project with variances, as filed. BOARD OF ADJUSTMENT: (May 20, 2013) Phil Plyler and Tammy Miller were present, representing the application. There were no objectors present. Staff presented the application with a recommendation of denial. Phil Plyler addressed the Board in support of the application. He explained the proposed addition. He discussed the "Z" Street right-of-way and the proposed use of the right-of-way. The issue was discussed further. Vice -Chair Smith asked about the future plans for the "Z" Street right-of-way. Nathan Charles, of Public Works, explained that the right-of-way would be used for a future drainage project. The issue of utilizing the right-of-way for a future access driveway to the accessory building was discussed. Mr. Plyler made additional comments in support of the application. Vice -Chair Smith explained that he could not support the side setback variance. Brad Wingfield stated that he would not oppose Public Works. There was a motion to approve the application subject to all staff comments except that of denial. The vote was 0 ayes, 4 nays, and 1 absent. The application was denied.