HomeMy WebLinkAboutZ-6563-A Staff AnalysisAUGUST 31, 2009
ITEM NO.: 1
File No.:
Owner/Applicant:
Address:
Description:
Zoned:
Z -6563-A
Tracye Smith Thomason
11 Pinnacle View Cove
Lot 252, Cypress Point Addition (The Ranch)
R-2
Variance Requested: A variance is requested from easement provisions of Section
36-11 to allow construction of a swimming pool which encroaches into a utility
easement.
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:
No objection to encroachment on City easement, however obstructions
placed in City maintained easements are subject to removal or damage if
maintenance of utilities or stormwater drainage facilities is needed.
B. Staff Analysis:
The R-2 zoned property at 11 Pinnacle View Cove is occupied by a two-story
brick single family residence. There is a two -car wide driveway from Pinnacle
View Cove which serves as access. The property backs up to a pond area
which is back -water from the Little Maumelle River. There is a ten (10) foot
wide utility easement which runs along the rear (north) property line.
The applicant proposes to construct a swimming pool at the northwest corner of
the property, as noted on the attached site plan. The proposed pool will be
located approximately eight (8) feet from the northwest corner of the residential
structure, and extend 5 to 6 feet into the rear utility easement. It will be located
4 to 5 feet back from the rear (north) property line and approximately 20 feet
AUGUST 31, 2009
ITEM NO.: 1 (Can't.
from the west side property line. The pool will be located in a grass covered
area of the rear yard. There are no overhead power lines in the rear yard area.
Section 31-11(f) of the City's Zoning Ordinance requires that encroachments
into utility easements be reviewed and approved by the Board of Adjustment.
Therefore, the applicant is requesting a variance to allow the swimming pool to
encroach 5 to 6 feet into the rear utility easement. None of the public utility
companies object to the requested encroachment. The applicant has submitted
written sign -offs from all the public utility companies.
Staff is supportive of the requested easement encroachment. Staff views the
request as reasonable. The proposed swimming pool meets/exceeds the
minimum required setbacks from property lines and separation from the
residence. The property was left with a relatively small rear yard area after
construction of the residence, due to the irregular "pie shape" of the lot and the
need to push the house further back on the lot to achieve the side setbacks and
a driveway serving a side -loading garage. As noted previously, all the public
utility companies approved the proposed pool placement. Staff believes the
proposed pool, with easement encroachment, will have no adverse impact on
the adjacent properties or the general area.
C. Staff Recommendation:
Staff recommends approval of the requested easement encroachment, as
requested.
BOARD OF ADJUSTMENT:
(AUGUST 31, 2009)
The applicant was not present. There were no objectors present. Staff presented the
item and a recommendation of approval. There was no further discussion. The item
was placed on the consent agenda and approved by a vote of 5 ayes and 0 noes.