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HomeMy WebLinkAboutZ-4280-A Staff AnalysisDECEMBER 16, 2013 ITEM NO.: 1 File No.: Z -4280-A Owner: Independent Case Management, Inc. Applicant: Russ Fason, WER Architects Address: 1525 Merrill Drive Description: Lot 13R, Being a replat of Lots 13A and 14A, Charles Valley Subdivision Zoned: C-3 Variance Requested: A variance is requested from the area provisions of Section 36-301 to allow a balcony addition with a reduced rear setback. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Commercial -Retail and Offices Proposed Use of Property: Commercial -Retail and Offices STAFF REPORT 01 Public Works Issues: No Comments. Landscape and Buffer Issues: 1. All landscaping materials and plants should be in good condition. Repair and replace all damaged or missing landscaping plants and materials. 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. Contact the City of Little Rock Building Codes at 371-4832 for additional details. DECEMBER 16, 2013 ITEM NO.: 1 (CON'T.' D. Staff Analysis: The C-3 zoned property at 1525 Merrill Drive is occupied by a two-story commercial building. The property is located on the east side of Merrill Drive, just south of Arcade Drive. Paved parking is located on the south and west sides of the building. Access drives are located at the northwest and southwest corners of the property. The drive at the southwest corner is a shared drive which also serves a large commercial development located south and east of the subject property. The applicant proposes to construct a second floor balcony on the rear (east side) of the building, as noted on the attached site plan. The proposed balcony will be ten (10) feet by 54 feet. The balcony will be located four (4) feet back from the rear (east) property line. It will be uncovered and unenclosed on its north, south and east sides. Section 36-301(e)(3) of the City's Zoning Ordinance requires a minimum rear setback of 25 feet for C-3 zoned property. Therefore, the applicant is requesting a variance from this ordinance standard to allow the proposed open-air balcony with a reduced rear setback. Staff is supportive of the requested rear setback variance. Staff views the request as reasonable. The existing building is located 14 feet from the rear property line. The subject property backs up to a very large commercial development. The proposed balcony will face a paved parking area and a large two-story brick wall on the adjacent property. The property functions as an out parcel to the overall commercial development to the east, with shared drives and parking. The open air balcony represents a very minimal addition to the overall commercial developments. Staff believes the proposed uncovered, unenclosed balcony addition with reduced rear setback will have no adverse impact on the adjacent properties or the general area. E. Staff Recommendation: Staff recommends approval of the requested rear setback variance, subject to the following conditions: 1. The balcony addition must remain uncovered and unenclosed on its north, south and east sides. 2. Compliance with the Landscape and Buffer requirement as noted in paragraph B. of the staff report. 3. Compliance with the Building Code requirements as noted in paragraph C. of the staff report. DECEMBER 16, 2013 ITEM NO.: 1 (CON'T.' BOARD OF ADJUSTMENT (December 16, 2013) Russ Fason was present, representing the application. There was one (1) person present with questions. Staff presented the application with a recommendation of approval. Russ Fason addressed the Board in support of the application. He briefly explained the balcony project. Lynne Compton addressed the Board, asking what type of business would occupy the building and use the balcony. Chairman Yates explained that the Board was charged with reviewing the rear setback variance and not the use of the building. He noted that the property was zoned C-3 and could be used for any of the permitted C-3 uses. Vice -Chairman Smith asked about the use of the balcony. Mr. Fason noted that it would be an outdoor use area (break area, lunch area, etc.) for the office use which will occupy the building. There was a motion to approve the application, as recommended by staff. The vote was 4 ayes, 0 nays and 1 absent. The application was approved.