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HomeMy WebLinkAboutZ-9758 Action Letter March 2023MARCH 16, 2023 ITEM NO. 4 Z-9758 1 File No.: Z-9758 Owners: Chattanya Musham Applicant: Markus Homes Inc – Melinda Markus Address: 93 Orle Circle Legal Description: Lot 43, Block 113, Chenal Valley, an addition to the City of Little Rock Zoned: R-2 Present Use: Single-family Residence Proposed Use: Single-family Residence Variance(s) Requested: A variance is requested from the area provisions of 36-156 to allow a retaining wall (accessory structure) with reduced setbacks from side and rear yard property lines. Justification: The applicant’s justification is presented in an attached letter dated January 12, 2023. STAFF REPORT: A. Planning and Development Civil Engineering Comments: 1. An easement of 5’ on either side of the wall for a total of a 10’ easement shall be provided for the wall(s). 2. A signed affidavit must be provided from each of the adjacent property owners in acknowledgment that the easement is only for access/ease of maintenance that could ever be needed for the wall. 3. Plans, Profiles, Calculations, and Section Views must be provided for the permit when pulled for said wall(s). This will be classified as a structure by Arkansas Fire Prevention Code and City Codes which state that a wall with retainage of 4ft or greater measured from the bottom of the footing/leveling layer shall be engineered and be permitted. 4. Staff has no problem with the wall an placement as long as the previous items are taken care of and all provided information is supplied and completed. MARCH 16, 2023 ITEM NO. 4 Z-9758 2 B. Landscape and Buffer Comments: No Comments, C. Building Codes Comments: No comments required. D. Staff Analysis: The site at 93 Orle Circle contains and recently constructed single-family dwelling with a paved access drive extending north to Orle Circle. The lot has been mostly cleared and slopes downward from east to west. The applicant also proposes to construct a retaining wall to extend along the rear (south) property line, then north along the side (east) property line and then west along the front setback line until it intersects the dwelling. The proposed retaining wall will have a setback of zero (0) feet from the rear and side property lines. Section 36-156(f) of the City’s Zoning Ordinance states, “accessory buildings shall maintain at least a three (3) foot setback from any side or rear yard property line except where said rear yard abuts on a dedicated alley. No setbacks shall be required for an accessory building upon an alley.” Therefore, the applicant is requesting a variance to allow the retaining wall, which is considered an accessory structure, with reduced rear and side yard setbacks. Staff is not supportive of the reduced side and rear yard setback variance. Staff does not view the request as reasonable and believes it will have an adverse impact on surrounding properties. Staff cannot support the request to construct the retaining walls on the property lines without the following conditions being met: 1. An easement of 5’ on either side of the wall for a total of a 10’ easement shall be provided for the wall(s). 2. A signed affidavit must be provided from each of the adjacent property owners in acknowledgment that the easement is only for access/ease of maintenance that could ever be needed for the wall. 3. Plans, Profiles, Calculations, and Section Views must be provided for the permit when pulled for said wall(s). This will be classified as a structure by Arkansas Fire Prevention Code and City Codes which state that a wall with retainage of 4ft or greater measured from the bottom of the footing/leveling layer shall be engineered and be permitted. E. Staff Recommendation: Staff recommends denial of the requested side and rear yard setback variances. MARCH 16, 2023 ITEM NO. 4 Z-9758 3 Board of Adjustment (MARCH 16, 2023) The applicant was present. There were no objectors present. Staff presented the application to the Commission and stated it recommended deferral of a variance request from the area provisions of 36-156 to allow a retaining wall (Accessory structure) with reduced setbacks from side and rear yard property lines. There was a consent motion to defer the application. The application was deferred on consent. The vote was 5 ayes, 0 nays, 0 absent.