HomeMy WebLinkAboutZ-6242 Staff AnalysisJanuary 27, 1997
Item No.• 2
File No.
Owner:
Address•
Description•
Zoned-
Variance Reou.esied:
justification:
Present Use of Propel:
Proposed ❑se of Property:
Z-6242
Stacey Harden
1916 North Harrison Street
Lot 11, Block 2, Englewood Addition
R-2
Variances are requested from the
area regulations of Section 36-156
to permit an accessory building
which is located less than 60 feet
from the front property line, less
than 3 feet from the side property
line and less than 6 feet from the
house.
Applicant's Statement: The
proposed structure an 8' X 10'
storage shed, located at the corner
of Lot 11, Block 2, ENGLEWOOD
ADDITION to the City of Little
Rock, Pulaski County, Arkansas,
owned by myself a single proprietor
would create a potentially
dangerous situation if moved to
another location. The other
location it could be moved to is
adjacent to the alley where several
instances have already occurred. I
would feel unsafe getting things
out of it if it were next to the
alley.
I am asking for a variance to leave
the building where it is built. As
a single person I do not know how I
would move the building either.
Single Family residence
Single Family residence
January 27, 1997
Item No.: z c c:onz .
Staff Repo��•
A. Public Works Issues:
Repair curb and gutter and/or sidewalk damaged during or
prior to construction with construction.
B. Staff Analysis:
This issue is before the Board as a result of action by the
Codes Enforcement Staff in response to a complaint. The
applicant has recently had an 8 foot by 10 foot, wood -frame,
accessory building constructed on her R-2 zoned property
located at 1916 North Harrison Street. The structure was
located between the house and the north side property line.
The accessory building has a sideyard setback of one foot, a
front yard setback of approximately 59 feet and is located
3 feet from the house.
Section 36-156 requires accessory buildings to have a
minimum front yard setback of 60 feet, a side yard setback
of 3 feet and to be separated from the residence by a
distance of not less than 6 feet.
After the structure was built, a neighboring property owner
complained that rainwater was running off of the structure,
over the fence and onto the adjacent property. The codes
enforcement staff issued Ms. Harden a notice for the
violation and she subsequently filed for variances.
The applicant states that she felt unsafe having the
structure built further away from the house and closer to
the rear property line. Now that the structure has been
built, it would be difficult to move, due to a short, rock
wall between the building and the rear yard.
Staff believes the applicant's request for variance relief
is reasonable. The neighbor's concern about water run-off
can easily be addressed through the use of guttering.
The structure has a front yard setback of 59+ feet. The
ordinance requires a setback of 60 feet. This is a very
minor variance and the difference between 59+ and 60 feet is
not readily perceptible.
The requirement that accessory structures be separated from
residences by not less than 6 feet is primarily a fire
safety concern. The existing structure is separated from
the house by only 3± feet. The Fire Marshall's Office has
reviewed the matter and states that there is no problem
since there is access through the parking lot on the
adjacent property.
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January 27, 1997
Item No.: 2 Cont.
The accessory structure has a setback of approximately 1
foot from the side property line. It is built up against a
privacy fence which is behind a short, rock wall. Both the
fence and rock wall are on the applicant's property. Water
run-off from the structure goes over the fence and rock wall
since the structure's overhang extends beyond the fence. It
is this run-off that generated the original complaint. The
adjacent property is an asphalt paved driveway and parking
lot serving the doctors' offices which front on to Kavanaugh
Blvd. If the applicant were to take steps to address the
run-off, the reduced side yard setback should have no impact
on the adjacent property.
C. Staff Recommendation:
Staff recommends approval of the requested front yard
setback, side yard setback and separation variances subject
to the following conditions:
1. Compliance with Public Works Comments
2. The applicant is to
approved device on
that rainwater does
property.
BOARD OF ADJUSTMENT:
install guttering or some other
the accessory structure to assure
not run-off onto the adjacent
(JANUARY 27, 1997)
The applicant, Stacey Harden, was present. There were no
objectors present. Staff presented the item and a recommendation
of approval, with conditions.
Ms. Harden offered no additional comments other than to state
that she would install guttering on the accessory structure.
A motion was made to approve the requested variances subject to
compliance with the conditions outlined in the staff
recommendation. The motion was approved by a vote of 5 ayes,
0 noes, 3 absent and 1 open position.
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