HomeMy WebLinkAboutZ-6578-A Staff AnalysisNovember 27, 2000
Item No.: A
File No.
Owner:
Address:
Description:
Zoned:
Variance Requested:
Justification:
Present Use of Pro ert :
Proposed Use of Proper :
Staff Re ort:
A. Public Works Issues:
No issues.
B. Staff Anal sis:
Z -6578-A
Mary Lee McHenry
5525 Scenic Drive
Lot 15 and part of Lot 16, Grandview
R-2
A variance is requested from the
accessory structure area
regulations of Section 36-156.
I have a business at home called
Fresh Herbs for Gourmets which
supplies herbs to local restaurants
and grocery stores. My home at
present has no greenhouse, which I
badly need in the winter so that I
can keep some of my plants out of
the winter weather.
Single Family
Single Family
The R-2 zoned property located at 5525 Scenic Drive is
occupied by a one-story, brick and frame single family
residence. On October 26, 1998, the Board approved setback
and building line variances to allow for substantial
expansion of the home. The property is located at the
corner of Scenic Drive and North Taylor Street and has a
platted building line varying from 20 feet to 30 feet in
width on both street frontages. The applicant now proposes
to place a 9 foot X 11 foot accessory building between the
home and Scenic Drive. The accessory building is to be
November 27, 2000
Item No.: A (Cont.
placed across a platted building line and will have a street
side yard setback of 1.5 - 2 feet. Although the house faces
Scenic Drive, the lot fronts onto Taylor Street and the
required setbacks are based on that lot orientation. The
code requires accessory buildings to have a minimum setback
on the street side line of 15 feet.
Staff is not supportive of the requested variance. Although
it can be argued that allowing a reduced side yard setback
on this dead-end street is reasonable, there are other
issues which must be considered. Other homes east of the
applicant's property front onto Scenic Drive. Although the
applicant's lot fronts to Taylor Street, her home faces
Scenic Drive. Placement of an accessory building of this
nature in the front yard is out of character with the
neighborhood and could have a detrimental effect on
neighboring properties. A 10 foot wide sewer easement
extends through the applicant's property, parallel to Scenic
Drive. The proposed building is located over that sewer
easement. The Little Rock Wastewater Utility has
recommended denial of the request based on the structure's
proposed placement over the sewer easement. Through its
previous action, the Board allowed a substantial expansion
of the house. Allowing the accessory structure to be placed
on the property will create the visual appearance of the
site being overdeveloped. Finally, on November 29, 1999,
the Board approved the applicant's home occupation which
involves the growing, packaging, sales and delivery of
culinary herbs and flowers. She was approved to have 3
part-time employees, working an aggregate total of 54 hours
per week. The applicant has indicated that the proposed
accessory building is to be a greenhouse for the purpose of
growing herbs. Section 36-253(b)(6) of the Code prohibits
the use of accessory buildings in relation to a home
occupation.
C. Staff Recommendation:
Staff recommends denial of the requested variance.
BOARD OF ADJUSTMENT:
(SEPTEMBER 25, 2000)
Mary Lee McHenry and Bill Sneed were present representing the
application. There were no objectors present. Staff presented
the item and a recommendation of denial. Staff informed the.=
Board that the applicant had discussed the issue with the
Wastewater Utility and that it was possible that the sewer line
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November 27, 2000
Item No.: A (Cont.)
was in the street, not in the easement. As such, Wastewater
might not be opposed to the item but, no written or verbal
statement had been received from the utility.
Ms. McHenry addressed the Board. She stated that it was her
intent to build a small, attractive greenhouse and that there was
no where else on the property to place the structure. She stated
that most of the homes along Scenic Drive actually face to the
south and have access off of South Scenic Drive. As such, most
of the homes have a rear yard relationship to Scenic Drive.
Gary Langlais asked Ms. McHenry if she had considered attaching
the greenhouse to the home. Ms. McHenry responded that she had
not.
Norm Floyd commented that there were a lot of mature trees around
the property and asked if they would not block sun from reaching
the greenhouse. Ms. McHenry responded that the greenhouse would
not get as much sun as she would like but that there was no where
else on the site to place the structure.
In response to a question from Gary Langlais, Ms. McHenry stated
that the greenhouse was for her personal use only and would not
be used in conjunction with her home occupation.
Mr. Langlais noted that the Board was down to four members
present and offered Ms. McHenry the opportunity to defer. She
asked that the Board vote on the item.
A motion was made to approve the variances subject to approval
by the Wastewater Utility. The vote was 2 ayes, 2 noes and
1 absent. Due to a lack of 3 votes, either for or against the
item, it was deferred to the October 30, 2000 meeting.
BOARD OF ADJUSTMENT:
(OCTOBER 30, 2000)
The applicant was not present. There were no objectors present.
Staff informed the Board that the applicant was out of town and
had requested that the item be deferred for one month.
The item was placed on the Consent Agenda and approved for
deferral to the November 27, 2000 meeting. The vote was 5 ayes,
0 noes and 0 absent.
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November 27, 2000
Item No.: A (Cont.)
BOARD OF ADJUSTMENT:
(NOVEMBER 27, 2000)
The applicant, Mary Lee McHenry, was present. There were no
objectors present. Staff informed the Board that Little Rock
Wastewater utility had determined that the sewer line was in the
street right-of-way, not in the easement across Ms. McHenry's
property. As such, the utility had no objection to granting the
variance. Staff expressed continued concern with the proposed
placement of the structure.
Ms..McHenry addressed the Board in support of her variance
request. She stated hers was one of only two homes on this
portion of Scenic that faced the street.
In response to questions from the Board, Ms. McHenry stated that
the greenhouse would not be used in any way related to her home
occupation. She described the structure as being built of glass
with a rock foundation to blend with the house. Ms. McHenry
reiterated that she would not be growing herbs in the greenhouse
as part of her business.
A motion was made to approve the requested setback variance. The
motion was approved by a vote of 3 ayes, 2 noes and 0 absent.
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