HomeMy WebLinkAboutZ-7114 Staff AnalysisNovember 26, 2001
ITEM NO.: 7
File No..
Owner:
Address:
Description:
Zoned:
Variance Requested:
Justification:
Present Use of Property:
Z-7114
Eugene and Lillian Sullivan
32 Margeaux Drive
Lot 261 Block 51,
Chenal Valley Addition
R-2
Variances are requested from
the easement provisions of
Section 36-11 to permit
construction of a deck addition
over an easement, and the area
provisions of Section 36-254 to
allow construction of a deck
with a reduced side yard
setback.
The applicant's justification is
presented in an attached letter.
Single Family Residential
Proposed Use of Property: Single Family Residential
STAFF REPORT
A. Public Works Issues:
No issues.
B. Staff Analysis:
The R-2 zoned property at 32 Margeaux Drive is occupied
by a two-story, brick single family residence. A 12
foot by 32 foot wood deck was constructed at the
southeast corner of the residential structure. The
deck extends approximately 2.5 feet into a utility and
drainage easement. The easement ranges in width from
27.9 feet to 29.5 feet from the rear property line.
Section 36-11(f) of the City's Zoning Ordinance
November 26, 2001
Item No.: 7
prohibits building construction "...that encroaches on,
over or into any easement." Therefore, the applicant
is requesting a variance from this provision.
The applicant is also requesting a side yard setback
variance for the deck construction. The first set of
stairs and lower landing for the deck are located 3.5
feet to 5.5 feet from the side (eastern) property line.
The second set of stairs and main body of the deck are
located 7.5 feet to 9 feet from the same side property
line. Section 36-254(d)(2) of the code requires a
minimum side yard setback of eight (8) feet for this
lot.
Staff is supportive of the requested variances. The
applicant has supplied staff with sign -offs from all of
the public utility companies, approving of the deck
construction 2.5 feet into the existing utility
easement. There is an existing sewer main located
within this easement. Little Rock Wastewater Utility
notes "...that if in the future the Utility needs to
perform maintenance on this sewer main, the owner of
the property shall remove the deck from the easement to
facilitate any repairs required to the main."
Additionally, staff feels that the deck construction
will have no adverse impact on the surrounding
properties or the general area. The single family
residence located on the lot to the northeast appears
to meet the minimum side yard setback of eight (8)
feet, giving a separation of over eleven (11) feet
between the two homes. Staff will recommend that the
lower set of stairs and landing, which are the parts of
the structure located closest to the side property
line, remain uncovered and unenclosed to lessen the
impact of the reduced setback.
C. Staff Recommendation:
Staff recommends approval of the requested variances
subject to the following conditions.
1. If in the future, the deck structure has to be
removed from the easement area in order for one
of the utility companies to install new lines or
2
November 26, 2001
Item No.: 7
maintain existing lines, the removal will be at
the property owner's expense.
2_ The lower stairs and landing area of the deck
must remain uncovered and unenclosed.
3. A building permit must be obtained for the deck
construction.
BOARD OF ADJUSTMENT:
(NOVEMBER 26, 2001)
The applicant was present. There were no objectors present.
Staff presented the item and a recommendation of approval.'
The applicant offered no additional comments.
The item was placed on the Consent Agenda and approved
as recommended by staff by a vote of 4 ayes, 0 nays and
1 absent.
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