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HomeMy WebLinkAboutZ-9478 Staff AnalysisDECEMBER 9, 2019 ITEM NO.: 7 File No.: Owner: Applicant: Address: Description: Zoned: Z-9478 Garry Mertins and John Benton Dyke, JR. Carolyn Lindsey 5224 Hawthorne Road Lot 6, Block 4, Newton's Addition R-2 Variance Requested- Variances are requested from the area provisions of Section 36-156 and 36-254 and the fence provisions of Section 36- 516 to allow accessory structures with reduced setbacks and increased coverage, a building addition with a reduced side setback and a fence with increased height. 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. Provide a dimensioned plan showing the width of the right-of-way. Dimensions must be given for the distance between both the west and east curbs or edges of pavement. 2. Revise the proposed driveway to include a five (5) foot radius at either side. 3. Revise the proposed driveway so that the driveway and radius do not extend past the northern property line. 4. Appendix D of the International Fire Code requires that a minimum width of twenty (20) feet be provided for fire access. If street parking is not restricted, the street must be wide enough to allow passage of a fire apparatus with parked cars present on either side of the street. Provide a dimensioned plan which shows adequate access for a fire apparatus. 5. Any proposed modifications to the public right-of-way, including, but not limited to, curb, gutter, sidewalk, and streets must be constructed to City of Little Rock Public Works Department standard details. DECEMBER 9, 2019 ITEM NO.: 7 CON'T.) Z-9478 6. All conditions of approval are contingent upon approval of the proposed right- of-way abandonment. The Public Works does not approve of the construction of walls or other obstructions within the public right-of-way. Installation of unapproved improvements may be subject to removal at the expense of the property owner. B. Staff Analysis: The R-2 zoned property at 5224 Hawthorne Road is occupied by a circa 1936, one- story, frame, single family residence. The applicants are proposing a complete remodeling of the house, including two small additions onto the rear portion of the house. The project also includes the addition of a 9'x 24' swimming pool and a 13' x 10' x 40' double -shack, single -width garage. The applicants are proposing an 8' tall painted brick or stucco wall with gate between the house and the garage. The proposed garage is to have a rear yard setback of 1'6" and a street side yard setback of 4'. When the cover of the garage is combined with the portion of the pool which extends into the rear yard area, the two accessory structures result in a rear yard coverage of 49%. The code limits the rear yard coverage to 30%. The garage is proposed to have a street side yard setback of 4' so as to be more in line with the house. The code requires accessory structures in residential zones to have at least a 15' street side yard setback and a setback from the rear property line of 3'. The addition onto the northwest corner of the rear of the house is proposed to maintain the existing side yard setback of 6". The code requires a side yard setback of 5' for this lot. The proposed 8' wall extends 1' into the side yard setback and exceeds the allowable height of 4'. Variances are requested to allow the reduced setbacks and rear yard coverage percentage for the garage and pool, the reduced side yard setback for the addition onto the house and the increased height for the wall between the house and garage. The applicant had originally proposed some improvements in the area of the Harrison Street right-of-way, which might follow a potential request to abandon a portion of the right-of-way. Thus, Public Works comments. Those elements have been removed from the plan and no action on this application relates to any potential, off site issues. Staff is supportive of the requested variances. The property is somewhat unusual in that it is located just south of the terminal of the Harrison Street right-of-way, where it enters the St. John's Campus at a secondary entrance. The side and rear of the property are really isolated from the rest of the neighborhood. Staff does not believe the requested variances will impact any other properties. The property is located within the Heights Landscape Design Overlay District. The DOD criteria are tied to construction of a new residence or to addition onto an existing residence exceeding 600 square feet. They are not tied to construction of accessory structures. The proposed additions onto the house total about 370 square feet. 2 DECEMBER 9, 2019 ITEM NO.: 7 (CON'T C. Staff Recommendation: Z-947 Staff recommends approval of the requested variances, subject to compliance with the Public Works comments in Paragraph A. Board of Adjustment (December 9, 2019) Garry Mertins was present, representing the application. There were two (2) persons present in opposition. Staff presented the application with a recommendation of approval. Garry Mertins addressed the Board in support of the application. He explained the proposed project, noting that the existing house would be remodeled. He explained that the proposed double -stacked garage would act as screening for the property to the north. Lindsey Watson -Allen addressed the Board in opposition. She explained that she wished to have at least a three (3) foot setback for the proposed garage structure immediately south of her property. She presented photos of the properties to the Board. She noted that the applicant was overbuilding the lot. The issue of street side setback was briefly discussed. Ms. Allen made additional comments in opposition. Ryan Caststeel, representing Ms. Allen, also spoke in opposition. He made comments related to the intent of the ordinance with respect to the number of variances which could be requested. Mr. Mertins explained that the proposed garage would have no adverse impact on the adjacent properties. He noted that the roofline of the proposed garage would be no taller than Ms. Allen's house. Mr. Mertins stated that a three (3) foot rear setback would be provided for the accessory garage structure and revised the application accordingly. Mr. Caststeel noted that Ms. Allen was acceptable with the revised rear setback of three (3) feet. A motion was made to approve the application as revised and recommended by staff. The motion passed by a vote of 4 ayes, 0 noes, 0 absent and 1 abstention (Lindsey -Polk). The application was approved. 3