HomeMy WebLinkAboutZ-4145-A - Staff Report
File No.: Z-4145-A
Owners: H.F. Enterprises, LLC
Applicant: Michael B. Childers
Address: 1719 Merrill Drive
Legal Description: Lot 8, Replated as Lot 8B, Charles Valley Subdivision, City of Little Rock
Zoned: C-4
Present Use: Commercial
Proposed Use: Commercial
Variance(s) Requested: A variance is requested from the compliance regulations of
Sec. 36-11 to allow the continued encroachment of existing structures into a utility easement.
A variance is requested from the compliance regulations of Section 36-302 to allow an existing structure to be located less than fifteen (15) feet from a side yard property line.
Justification: The applicant’s justification is presented as per the attached letter dated October 19, 2021.
STAFF REPORT:
Planning and Development Civil Engineering Comments:
No Comments
B. Buffering and Landscape Comments:
No Comments.
C. Building Codes Comments:
No comments.
D. Staff Analysis:
The property located at 1719 Merrill Drive is occupied by a one-story commercial structure with paved parking areas along the east and west perimeters of the building. The parking areas
are linked to shared access easement drives along the north and south perimeters of the building which connect to Merrill Drive to the west.
A recent survey of the property indicates the structure was constructed within six (6) feet of the south perimeter of the site with a portion of the structure setting within an existing
seven (7) foot utility easement.
Section 36-11 (f) states, “No building or structure as defined in this chapter shall be
erected, converted, reconstructed, or structurally altered that encroaches on, over or
into any easement. This includes drainage, utility access or use easements within the
boundary of any lot of record, platted or otherwise established”. Therefore, the
applicant is requesting the continued encroachment of an existing structure into a
utility easement.
Section 36-302(e)(2) of the City’s Zoning Ordinance requires a minimum side yard
setback of 15 feet on each side of a structure on this C-4 zoned lot. Therefore, the
applicant is requesting a variance to allow the existing structure to have a reduced
side (south) yard setback of six (6) feet.
Staff is supportive of the requested variances and views the requested variances as reasonable. Staff believes the original non-conforming unaltered location of the building will have
no adverse impact on the surrounding properties.
E. Staff Recommendation:
Staff recommends approval of the requested encroachment variance, subject to the descriptions and any conditions in the “staff analysis,” and the staff report.