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HomeMy WebLinkAboutZ-9793 Action Letter (2) Department of Planning and Development 723 West Markham Street Little Rock, Arkansas 72201-1334 Phone: (501)371-4790 Fax: (501)371-4546 Planning Development Building Codes Mr. Jason Duncan ____________________ File No: Z-9793 2312 Durwood Road _____ Location: 2 South Terrace Road Little Rock AR 72207 __________________ Issue: Structure Encroachment Into Easement Variance Date: June 21, 2023____ Dear _Mr. Duncan . This is to advise you that in connection with your application, File No. _Z-9793_, the following action was taken by the Board of Adjustment at its meeting on June 15, 2023_: (a) ____X__ Approved the application as filed. (b) Approved the application with conditions. (c) ________ Denied the application. (d) ________ Deferred the application to the ________ meeting. (e) ________ Withdrew the application. (f) ________ See attached Board of Adjustment minute record for conditions. (g) ________ Other: ______________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ If a variance application is approved by the Board of Adjustment, all permits necessary for the initiation of work shall be obtained within two (2) years from the date of approval, unless an extension of time is granted by the Board. Otherwise, the Board’s approval of the application shall be considered void. According to the City’s Zoning Ordinance Section 36-70: “Appeals from the decision of the Board of Adjustment shall be filed with the appropriate court of jurisdiction. This filing must occur within thirty (30) calendar days of the action by the Board of Adjustment.” If you have questions, please call me at (501) 371-6821. Sincerely, _____________________________________________ Romie G. Price, Plans Development Administrator RGP/aa JUNE 15, 2023 ITEM NO.: 4 Z-9793 1 File No.: Z-9793 Owners: Lesley Byram Applicant: Jason Duncan / Dogwood Homes Address: 2 South Road Terrace Legal Description: The East 10 Feet of Lot7, All of Lot 8, and the West 30 feet of Lot 9, City of Little Rock, Pulaski County Arkansas Zoned: R-2 Present Use: Single-family Residence Proposed Use: Single-family Residence Variance(s) Requested: A variance is requested from the compliance regulations of Sec. 36-11 to allow the encroachment of a proposed structure into an easement. Justification: The applicant’s justification is presented as per the attached letter dated April 13, 2023. STAFF REPORT A. 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 2 South Road Terrace is in a predominantly R-2 zoned neighborhood and is occupied by a one-story single-family residence. A two-car wide driveway extends north from an existing carport structure and connects with 2 South Road Terrace. JUNE 15, 2023 ITEM NO.: 4 (CON’T.) Z-9793 2 The property is located in an area with lots that extend south from Pine Valley Road and bordered by Kavanaugh Place to the east. South Road Terrace (easement) extends west from “S” Road across the lots with a thirty-two (32) foot access easement. The applicant is proposing to remove the existing carport structure, construct a new enclosed garage structure in the same location and widen the existing driveway towards the north perimeter of the property. The north perimeter of the dwelling borders a sixteen (16) foot Ingress and Egress Easement which is within the thirty- two (32) foot South Road Terrace Driveway Easement. The new garage structure will extend north from the existing dwelling and extend into the driveway easement approximately five (5) feet with the new driveway widening to the north within the driveway 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 a variance to construct the building 5-feet into the driveway easement. Staff is supportive of the requested encroachment variance. Staff views the request as reasonable. The proposed garage expansion is compatible with the general development of the immediate area given the sloping of the site and location of the access drive in the area. Staff believes the proposed addition to the front of the dwelling will have no adverse impact on the adjacent properties or the general area. E. Staff Recommendation: Staff recommends approval of the requested easement encroachment variance subject to the comments and conditions as outlined in the “staff analysis” of the agenda staff report and the submitted site plan. Board of Adjustment (JUNE 15, 2023) The applicant was present. There were no objectors present. Staff presented the application to the Board and stated it recommended the encroachment variance be approved as per the staff report. There was a consent motion to approve the application. The motion was seconded. The application was approved on consent. The vote was 4 ayes, 0 nays, 1 absent.