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HomeMy WebLinkAboutZ-6492 Staff AnalysisMay 18, 1998 Item No.: 7 File No. AlFAOWUM Address: Description: Zoned: Variance Requested: Justification: Present Use of Property: Proposed Use of -Property: Staff Report: A. Public Works Issues: No issues. B. Staff Analysis: Z-6492 Kay Holitik Maloney 3607 Lilac Terrace Lot 53, Riverside R-3 A variance is requested from the building line provisions of Section 31-12 to permit construction of a second floor addition which crosses a platted building line. The house was built in 1949, over the platted building line. The addition will go directly above the original house and will not encroach any more than the existing 50 year old encroachment. Single Family Single Family The R-3 zoned property at 3607 Lilac Terrace is occupied by a small, one-story, single-family residence. When the home was built in 1949, it was constructed so that a portion of it encroached on a platted 30 foot front -building line. The encroachment varies from .7 feet on the west to 2.6 feet on the east. The applicant now proposes to construct a second floor directly above the existing house. The second floor addition will maintain the existing setbacks, including the building line encroachment. By virtue of its age, the structure is considered nonconforming in regards to the building line encroachment. Section 36-154(a) prohibits any enlargement of a nonconforming structure if that enlargement increases the degree of nonconformity. Staff has determined that allowing a second floor addition to be built across the platted building line would increase the degree of nonconformity. The applicant has requested a variance to May 18, 1998 Item No.: 7 Cont. allow for the addition and to remedy the existing encroachment. Staff is supportive of the requested variance. The house has existed 50 years with the building line encroachment and no apparent effect on neighboring properties. The house has a 27.4 foot front yard setback which exceeds the 25 foot requirement in the R-3 district. The structure also exceeds all other required setbacks. The addition will go directly above the existing house and will not encroach any further than the home does now. Should the Board approve the building line variance, the applicant will have to do a one -lot replat reflecting the change in the building line. The applicant should review the filing procedure with the Circuit Clerk to determine if the replat requires a revised Bill of Assurance. C. Staff Recommendation: Staff recommends approval of the building line variance to allow construction of a second floor addition subject to a one -lot replat which reflects the change in the building line. BOARD OF ADJUSTMENT: (MAY 18, 1998) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval subject to a one -lot replat. Staff informed the Board that approximately half of the required signatures from neighbors had been obtained 5-6 days prior to the meeting, not 10 days as required by the Bylaws. Staff noted that the sign had been properly placed on the site. Staff also noted that the applicant had obtained written statements of approval from several nearby residents prior to filing the application in April. Staff stated that it appeared adequate notice had been given of the pending project. A motion was made to waive the Bylaws and accept the notices. The motion was approved by a vote of 5 ayes, 0 noes and 0 absent. The applicant offered no additional comments. The variance request was placed on the Consent Agenda and approved subject to a one -lot replat. The vote was 5 ayes, 0 noes and 0 absent. 2 JANUARY 27, 2020 ITEM NO.: 1 File No.: Owner/Applicant: Address: Description: Zoned: Variance Requested Z -6492-A Guy and Kay Maris 3607 Lilac Terrace Lot 53-R, Riverside Addition FM A variance is requested from the area provisions of Section 36-255 to allow a carport addition with a reduced side setback. 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 0 C Public Works Issues: No Comments Buildinq 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. Staff Analysis: The R-3 zoned property at 3607 Lilac Terrace is occupied by a two-story frame single family residence. The property is located on the south side of Lilac Terrace, east of Cantrell Road. A one -car wide ribbon driveway is located at the northwest corner of the lot. The driveway appears to be a shared driveway with the property immediately to the west. The lot contains a 26 foot front platted building line. JANUARY 27, 2020 ITEM NO.: 1 (CON' Z-6492 The applicant is in the process of constructing a one-story addition to the rear of the residence as noted on the attached site plan. The addition will be 30 feet by 33 feet (990 square feet) in area. The addition will be located at least 10 feet back from the east and west side property lines and 27 to 29 feet back from the rear (south) property line. As part of the project, construction of a 10.4 foot by 17.4 foot carport addition along the west side of the new addition was started. The carport portion is located on the west side property line, with a zero (0) side setback. The applicant is continuing construction on the main addition, but has suspended construction on the carport portion pending action by the Board of Adjustment. Section 36-255(d)(2) of the City's Zoning Ordinance requires a minimum five (5) foot side setback for the proposed carport addition. Therefore, the applicant is requesting a variance to allow the carport addition with a zero (0) side setback. Staff is not supportive of the requested side setback variance. Staff does not view the request as reasonable. The zero (0) side setback will not allow the structure to be constructed and maintained without encroaching onto the adjacent property to the west. Staff can typically support a minimum side setback of 1.5 feet for open, carport -type structures. Additionally, staff does not know how a carport structure on the west side of the residence will impact the cross access issue. Staff believes the proposed carport addition with reduced side setback will have an adverse impact on the adjacent property to the west. D. Staff Recommendation: Staff recommends denial of the requested side setback variance. Board of Adjustment (January 27, 2020) Guy Maris was present, representing the application. There was one (1) objector present. Staff presented the application with a recommendation of denial. Guy Maris addressed the Board in support of the application. He noted that the carport structure would create no fire hazard. He explained that the proposed carport structure created no cross -access issue with the property to the west. He noted that the carport addition would not be out of character with the neighborhood. He stated that a 1.5 foot side setback could be provided. Chairman Allison expressed concern because the neighbors immediately to the west was objecting to the variance request. Carolyn Lindsey Polk noted that she would like to see a minimum 1.5 foot side setback. Teresa Ricketts addressed the Board in opposition. She expressed concern with the zero (0) side setback and drainage. She noted that she would be acceptable of a 1.5 foot side setback. 2 JANUARY 27, 2020 ITEM NO.: 1 CONT. Z -6492-A Mr. Maris revised the application to provide a 1.5 foot side setback for the carport addition. Staff supported the revised application to provide a 1.5 foot side setback, subject to the following conditions: 1. Guttering must be provided to prevent water run-off onto the property immediately to the west. 2. The carport addition must remain unenclosed on its north, south and west sides. A motion was made to support the revised application, as recommended by staff. The motion passed by a vote of 4 ayes, 0 nays and 1 absent. The revised application was approved.