HomeMy WebLinkAboutZ-5849-A Staff AnalysisJULY 31, 2006
ITEM NO.: C
File No.:
Owner:
Applicant:
Address:
Description:
Zoned:
Z -5849-A
Chuck Hamilton Construction
Chuck Hamilton
5201 Hawthorne Road
Lot 1, Block 11, Newton's Addition
R-2
Variance Requested: Variances are requested from the area provisions of Section
36-254 to allow a new house with reduced setbacks.
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. Little Rock Code prohibits encroachments in the right-of-way. The
proposed fence shows to be built at the back of curb and encroaches in
the right-of-way creating unsafe driving conditions.
B. Staff Analysis:
The R-2 zoned property at 5201 Hawthorne Road is occupied by a one-story
brick and frame single family residence. The property is located at the
southwest corner of Hawthorne Road and Newton Street. There is a one-story
frame carport/storage structure within the south portion of the property. The
property sits approximately 3 to 4 feet above the grade of the streets. There is
a two (2) foot high rock wall along the curb line of Newton Street.
The applicant proposes to remove the existing structures from the property
and construct a new single family residence (two-story), as noted on the
JULY 31, 2006
ITEM NO.: C (CON'T.
attached site plan. The proposed structure will be located 25 feet back from
the front (north) property line, five (5) feet back from the west side property
line, zero (0) setback from the east side property line (portion of the structure),
and five (5) feet from the rear (south) property line. The applicant is also
proposing improvements to extend across the east side property line and into
the Newton Street right-of-way, also noted on the attached plan. A new patio
area, wall/fence, steps and the fireplace chimney are proposed to cross the
east property line into the right-of-way.
Section 36-254(d)(2) of the City's Zoning Ordinance requires minimum side
setbacks of five (5) feet for this R-2 zoned lot. Section 36-254(d)(3) requires a
minimum rear setback of 25 feet. Therefore, the applicant is requesting
variances to allow reduced side and rear setbacks for the proposed residential
structure, and improvements to extend into the Newton Street right-of-way.
Staff is not supportive of the requested variances. It is very clear to staff that
the applicant is proposing to overbuild the residential lot. Given the overall
mass (footprint and height) of the proposed structure, staff cannot support
either setback variance. Staff will also support no encroachments into the
Newton Street right-of-way. Staff feels a two-story structure at this location
should provide the minimum five (5) foot east side setback. Staff could
support a rear setback of 10 feet if the side setback were provided and no
improvements were proposed to extend into the right-of-way. Variances for
large single family homes have been granted in this general area in the past.
However, those variances have not included zero (0) setbacks and
improvements into rights-of-way. Staff believes this type of extreme structural
massing would have an adverse impact on the adjacent properties and the
general area.
C. Staff Recommendation:
Staff recommends denial of the requested variances, as filed.
BOARD OF ADJUSTMENT: (JUNE 26, 2006)
Staff informed the Board that the applicant requested the application be deferred to the
July 31, 2006 Agenda. Staff supported the deferral request.
The item was placed on the Consent Agenda and deferred by a vote of 4 ayes, 0 nays
and 1 open position.
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JULY 31, 2006
ITEM NO.: C (CON'T.
BOARD OF ADJUSTMENT:
(JULY 31, 2006)
The applicant was present. There were no objectors present. Staff presented the item
and a recommendation of approval.
Staff noted that the applicant revised the site plan providing a 10 foot rear yard setback
and a 5 foot side (east) setback for the proposed house. Staff supported the revised
application subject to the following conditions:
1. The patio slab on the east side of the house must not exceed 12 inches above
grade.
2. A franchise permit must be obtained from the Public Works Department for the
fence/wall and landscaping improvements in the Newton Street right-of-way.
The applicant offered no additional comments.
The item was placed on the Consent Agenda and approved as recommended by staff
by a vote of 3 ayes, 0 nays, 1 absent and 1 open position.
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