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HomeMy WebLinkAboutZ-6315-A Staff AnalysisSeptember 29, 2003 ITEM NO.: 15 File No.: Owner: Address: Description: Zoned: Z -6315-A Anthony W. Black 5005 Stonewall Road Lot 2, Block 27, Newton's Addition R-2 Variance Requested: A variance is requested from the area provisions of Section 36-156 to allow construction of an accessory building which exceeds the maximum rear yard coverage. Justification: Present Use of Property: Proposed Use of Property: STAFF REPORT A. Public Works Issues: No Comments. B. Staff Analysis: The applicant's justification is presented in an attached letter. Single Family Residential Single Family Residential The R-2 zoned property at 5005 Stonewall Road is occupied by a one- story brick and frame single family structure. There is a single car driveway from Stonewall Road which serves as access. An accessory garage structure which previously existed in the rear yard has been removed. On June 26, 1997 the applicant received approval from the Planning Commission (conditional use permit) for the construction of a 26 foot by 40 foot accessory structure (two stories) within the rear yard of the property. The first floor of the structure was to be used as a garage and storage, with the second level being utilized as an accessory dwelling. The structure was proposed to be set back five (5) feet from the rear September 29, 2003 ITEM NO.: 15 (Cont. property line and each side property line. The Planning Commission granted a variance to allow the structure to occupy approximately 64 percent of the required rear yard (rear 25 feet of the lot). Section 36-156(a)(2)c. allows a maximum rear yard coverage of 30 percent. The approved conditional use permit has since expired, based on the fact that the structure was not constructed within three (3) years of the Planning Commission approval date. The applicant is now requesting to build the accessory garage structure (without the accessory dwelling), utilizing the same footprint as the previously approved structure. Therefore, the applicant is again requesting a variance from Section 36-156(a)(2)c. to allow the accessory garage structure to cover approximately 64 percent of the required rear yard. The applicant has noted that he did not know of the expiration date associated with the previous approval, otherwise he would have requested an extension. Staff supports the requested rear yard coverage variance. The proposed accessory building will not be out of character with other similar structures in the neighborhood. The adjacent property to the southeast (at the northwest corner of Club Road and Jackson Street) recently received a similar coverage variance for an accessory garage which is currently under construction. The proposed accessory garage exceeds all of the required minimum building setbacks, and should have no adverse impact on the adjacent properties or the general area. C. Staff Recommendations: Staff recommends approval of the requested rear yard coverage variance, subject to the following conditions: 1. The accessory building must be no larger than 26 feet by 40 feet. 2. A building permit must be obtained for the construction. BOARD OF ADJUSTMENT: (SEPTEMBER 29, 2003) Anthony Black was present, representing the application. There were no objectors present. Staff presented the application with a recommendation of approval. Staff noted that the notice to property owners was completed late by Mr. Black, and that a waiver of the bylaws was in order. There was a brief discussion related to the notice issue. Vice -Chairman Richburg asked if notices were given to all property owners within 200 feet. Mr. Black noted that they were and explained. 2 September 29, 2003 ITEM NO.: 15 (Cont. Fred Gray noted that there were no addresses on Club Road on the notice form submitted by Mr. Black. Mr. Black stated that they were notified. He stated that a copy of the notice was left at the residences and explained. He stated that the neighbors knew of the proposed construction and supported the project. Fred Gray asked about the height of the proposed garage. Mr. Black stated that it would be one (1) story in height. Myra Jones, of the Heights Neighborhood Association, addressed the Board. She stated that her association had no opposition to the application and explained. There was a motion to waive the bylaws and accept the notification to property owners as completed by Mr. Black, subject to Mr. Black providing information as to which addresses notices were left at. The motion passed by a vote of 4 ayes, 0 nays and 1 absent. There was a second motion to approve the application as recommended by staff. The motion passed by a vote of 4 ayes, 0 nays and 1 absent. The application was approved. 3 June 26, 1997 tv 11 ITEM NO.: 13 - FILE NO.: Z-6315 NAME LOCATION: OWNER/APPLICANT: PROPOSAL: INANCE DESIGN STANDARDS: 1. Site Location: Black - Conditional Use Permit 5005 Stonewall Road Anthony Black A conditional use permit is requested to allow for the construction of an accessory dwelling. The property is zoned R-2. The site is located on the south side of Stonewall Road, approximately one (1) block east of Van Buren Street. 2. Compatibility with Neighborhood: The site is located in an area primarily single-family residential in nature. There is a mixture of commercial and office uses to the southwest, along the north side of Kavanaugh Blvd. The proposed accessory dwelling/garage would not be out of character with other structures in this general area and should not have an adverse effect on the neighborhood. The Heights Neighborhood Association was notified of the public hearing. 3. - On -Site Drives and Parkin : Access to the site is gained by utilizing an existing residential driveway from Stonewall Road. Parking will be provided on the site to serve both dwellings. 4. Screening and Buffers: No Comments. June 26, 1997 SUBDIVISION 4) ITEM NO.: 13 Corit. FILE NO.: Z-6315 5. Public Wor s Comments: No issues. 6. Utility and Fire Department Comments: L. R. Wastewater - Existing 6" sewer main located along south property line. New construction must be 5' away from existing sewer main. Contact Little Rock Wastewater Utility for comments. 7. Staff Anal sis• The applicant is requesting a conditional use permit to allow for the construction of an accessory dwelling at 5005 Stonewall Road. The property is zoned R-2. The proposed 26 foot by 40 foot accessory structure will be constructed near the rear property line and maintain a 5 foot rear yard setback and 5 foot setback from each side property line. The accessory structure will be one story in height. Approximately 468 square feet of the accessory structure will be used as an accessory dwelling (guest quarters). The remaining 572 square feet will be used as a garage and storage area. The applicant is undecided as to whether separate utility meters will be placed on the proposed accessory structure, and would like to retain the option for installation of future separate meters. There is an existing accessory structure on the site which will be removed prior to new construction. The existing accessory structure has been used as a garage and accessory dwelling in the past. The property owner, Anthony Black, will reside in the principal dwelling. The proposed accessory structure will have a brick and stucco veneer which will match the brick and stucco veneer of the principal dwelling. The proposed accessory structure exceeds all setback requirements for the R-2 district with the exception of the maximum rear yard coverage requirement. The proposed accessory structure will occupy approximately 64 percent of the required rear yard. According to the City's Zoning Ordinance, a maximum of 30 percent of the required rear yard can be occupied by accessory structures. Therefore, the applicant is requesting a variance from this requirement. 2 June 26, 1997 0 SUBDIVISION ITEM NO.: 13 (Cont.) _ FILE NO.: Z-6315 The proposed accessory dwelling/garage structure will not be out of character with other similar structures (in size or use) in this general area and should not have an adverse effect on the_ neighborhood. 8. Staff Recommendation: Staff recommends approval of the conditional use permit subject to the following conditions: 1. Compliance with the Little Rock Wastewater Comments 2. The accessory dwelling will be a maximum of 468 square feet in area. 3. Staff recommends approval of the requested variance for rear yard coverage. SUBDIVISION COMMITTEE COMMENT: (JUNE 5, 1997) Anthony Black was present, representing the application. Staff gave a brief description of the proposal. There was a brief discussion regarding the Little Rock Wastewater Comment and the variance for rear yard coverage. Mr. Black stated that 5 foot setbacks would be maintained along the rear and both side property lines. This will satisfy the wastewater concern and help reduce the rear yard coverage. The Committee accepted the presentation and forwarded the issue to the full Commission for final action. PLANNING COMMISSION ACTION: (JUNE 26, 1997) The -staff presented a positive recommendation on this application, as there were no further issues for resolution. There were no objectors to this matter. The Chairman placed the item before the Commission for inclusion within the Consent Agenda for approval as recommended by staff. A motion to that effect was made. The motion was passed by a vote of 7 ayes, 0 nays and 4 absent. 3