HomeMy WebLinkAboutZ-6046-A Staff Analysis601
March 30, 1998
Item No.. 2
File No.•
Owner:
Address-
Description:
Zoned:
Variance Requested:
Justification:
Present Use of Prope_ rty:
Proposed Use of Property:
Staff Report:
A. Public Works Issues:
No issues.
B. Staff Analysis:
Z -6046-A
William and Ellen Reif
819 North Pine Street
Lot 3 and part of Lot 2, Whillock's
Replat
R-3
Variances are requested from the
area regulations of Section 36-255
and the building line provisions of
Section 31-12.
Applicant's Statement: The
variance is requested from Section
36-255 of the Little Rock City Code
to allow the construction of an
attached garage and a front porch.
The existing house is located at
the top of a hill sloping to the
North and East. The proposed site
of the garage is level and
immediately adjacent to the
residence. Construction of the
garage in any other location would
require a significant amount of
fill to level the site. The area
to the South of the proposed
addition (Lot 2) is a vacant lot.
A front set back variance is
currently in place.
Single Family
Single Family
The R-3 zoned property at 819 N. Pine Street is occupied by
a two-story single-family residence. The residence was
built in late 1980 - early 1981. Due to a surveying error,
the residence was constructed with a 9.7 foot front yard
March 30, 1998
Item No.: 2(Cont.)
setback. Subsequently, the applicant acquired a 12 foot
wide portion of the lot adjacent to the south. A replat of
the lots to legitimize that transaction is pending at staff
level, awaiting the Board's action on this issue. on
September 25, 1995, the Board_ approved a variance to allow
for construction of a garage addition on the south side of
the house. The addition was to maintain the existing 9.7
foot front yard setback and was to have a side yard setback
of 3.6 feet. If an application is approved by the Board,
all permits necessary for the initiation of work must be
obtained within two years from the date of approval or the
approval shall be considered void. The permits were never
obtained and that 1995 Board action is considered void.
The applicant is now requesting that the Board reapprove the
variance to allow for construction of a garage addition onto
the south side of the house. All issues are the same as at
the time of the 1995 action and staff supports the variances
for the garage. The 3.6 foot side yard setback should have
no effect on the adjacent property. The adjacent lot is
vacant and it is from the owner of this adjacent lot that
the applicant acquired the 12 foot wide strip which is to be
added to his lot. The garage addition will maintain the
same front yard setback as the existing house. Even with
the reduced front yard setback, the garage will have a
setback from the curb of N. Pine Street of 34± feet. There
should be no impact on traffic or sight distance.
There is a second issue before the Board and that is a
proposal by the applicant to construct a new porch addition
onto the front of the house. The porch will extend out from
the house 8 feet and will run the entire width of the house.
Staff cannot support this request. The house now only has a
front yard setback of 9.7 feet, created by an error at the
time the house was built. The R-3 district requires a
minimum front yard setback of 25 feet. If approved, the
porch would have a front yard setback of only 1.7 feet.
This is too great a setback variance for a principal
structure in a residential zone. The porch will extend out
beyond the proposed new garage and could create a sight
distance hazard. Such a reduced front yard is out of
character with existing development in the area.
C. Staff Recommendation:
Staff recommends approval of the setback variances to allow
for construction of the proposed garage addition onto the
south side of the house subject to the condition that no
building permit is to be issued until the replat issue
concerning this lot and the lot to the south is resolved.
Staff does not recommend approval of the requested variance
to allow for construction -of a porch addition onto the front
of the house.
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March 30, 1998
Item No.: 2
BOARD OF ADJUSTMENT: (MARCH 30, 1998)
The applicant, William Reif, was present. There were no
objectors present. Staff presented the item and recommended
approval of the variances to allow for construction of the
proposed garage addition onto the south side of the house subject
to the condition that no building permit be issued until the
replat issue is resolved. Staff recommended denial of the
variance to allow for construction of the porch addition onto the
front of the house.
Mr. Reif addressed the Board in support of his application. He
presented copies of a survey of his property and noted that the
porch addition would have a setback of 34 feet from the edge of
the street. Mr. Reif stated that his property was elevated
several feet above the street and, as such, the porch addition
should not create a sight -distance hazard. He also noted that
Pine Street was a one-way street with traffic moving north to
south which would further reduce any possible sight distance
problem.
In response to a question from Brandon Rogers, Dana Carney of the
Planning Staff, stated that he was not aware of any plans for the
widening of the street. Mr. Carney also noted that the street
was constructed in the western half of the right-of-way, not in
the center of the right-of-way, which was why there was so much
undeveloped right-of-way between Mr. Reif's property and the
pavement of the street.
Richard Wood, of the Planning Staff, gave a brief history on the
development of the site. He stated that the lot was mistakenly
measured from the center of the street rather than the center of
the right-of-way, resulting in the house being located too close
to the front property line.
In response to a question from Mr. Rogers, Mr. Wood stated that
any proposed widening of Pine Street would probably result in an
additional 4-8 feet of pavement on the applicant's side of the
street.
A motion was made to approve all requested variances subject to a
replat. The motion was approved by a vote of 5 ayes, 0 noes and
0 absent.
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