HomeMy WebLinkAboutmmSEPTEMBER 21, 2023
ITEM NO. 1 Z-5435-B
File No.: Z-5435-B
Owners: WLR Land Trust: Jennifer and Mark McCarty
Applicant: Yeary Lindsey Architects: Ellen Yeary
Address: 106 Hickory Creek Circle
Legal Description: Lot 9, Hickory Creek Subdivision, Phase 1, Little Rock, Pulaski
County, Arkansas
Zoned: R-2
Variance(s) Requested: A variance is requested from area regulations of Sec. 36-254
to allow a reduced rear yard setback in the R-2 district.
A variance is requested from area regulations of Sec. 36-11
to allow a building addition to encroach into an easement.
Present Use: Single-family Residence
Proposed Use: Single-family Residence
Justification: The applicant's justification is presented on the attached letter
of intent.
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 R-2 zoned property at 106 Hickory Creek Circle is occupied by a two-story
masonry single-family residence. The home is located on the north side of the street
northwest of the intersection of Hickory Creek Drive and Hickory Street Circle. A
circular driveway serves as access to the property. The property backs up to a tiered
pond/creek area which serves as stormwater detention for the area. The survey
indicates a 30-foot common natural area which includes a 10-foot landscape
SEPTEMBER 21, 2023
ITEM NO. 1 (CON`T.) Z-5435-B
easement inside and adjacent to the rear property line. An existing in -ground pool
and patio connecting the rear of the home are located in these easements and
common areas.
The applicant has indicated that the property has been recently re -platted to include
an adjacent parcel which will extend the property boundary 30-feet to the north to
include a portion of the floodway / common area. The applicant has also provided
documents from the Hickory Creek Property Association indicating their review and
approval of the proposed plans.
The site plan indicates that the applicant is proposing to construct a covered porch
addition to the northeast of the house to be used as an extension of the family living
area. The addition is shown to extend the primary residence 25-feet northeast into
the rear yard crossing the existing landscape easement and proceed to within 3-
feet, 10-inces of the rear property line.
Section 36-254(d)(3) states "There shall be a rear yard setback having a depth of
not less than twenty-five (25) feet. "The applicant requests a variance to allow a
reduction of the rear setback from 25-feet to 3-feet, 10-inches.
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 that the extension of the primary residence be allowed to
cross the existing rear yard landscape and common area easements.
Staff views the variances request as reasonable. The proposed reduced rear yard
setback and easement encroachment will not be out of character with the area nor
pose a negative impact on the surrounding properties.
E. Staff Recommendation:
Staff recommends approval of the requested rear yard setback reduction from
twenty-five (25) feet to 3-feet-1 0-inches and the requested easement encroachment
variance as outlined in the above staff analysis and on the attached site plan subject
to the following conditions:
Any new construction must meet the local and Federal floodplain
regulation requirements.
2. The addition must be constructed to match the existing residence.
3. A building permit to be obtained for all construction.
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SEPTEMBER 21, 2023
ITEM NO. 1 CON'T. Z-5435-B
Board of Adjustment
(SEPTEMBER 21, 2023)
The applicant was present. There were no objectors present. Staff presented the
application to the Board and stated it recommended approval of the requested rear yard
setback reduction and the easement encroachment variances per conditions within the
staff analysis and 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 and 1 absent.
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