HomeMy WebLinkAboutZ-7307 Staff AnalysisOctober 28, 2002
ITEM NO.: 9
File No.:
Owner:
Address:
Description:
Zoned:
Z-7307
Wes Kirtley
11 Valley Estates Drive
Lot 11, Pleasant Valley Estates
R-2
Variance Requested: A variance is requested from the floodway
setback provisions of Section 36-341 to
allow construction of a single family
residence with a reduced setback from the
floodway.
Justification:
Present Use of Property:
Proposed Use of Property
STAFF REPORT
A. Public Works Issues:
The applicant's justification is presented in
an attached letter.
Vacant
Single Family Residential
The applicant has asked for a variance from the floodway buffer
requirements of Section 36-341 (h)(2)a. that requires no structure to be
located closer than 25 feet from the floodway line. The applicant is
proposing to construct a residential structure within approximately 2 feet
of the floodway line.
A review of the flood study for that area shows that the 100 year base
flood elevation is approximately elevation 425.0 and the velocity of flow is
approximately 1.4 feet per second. The minimum ground elevation
around the structure is around 418.0 and the proposed finished floor
elevation is 426.0.
The applicant is proposing to furnish a 27 foot wide private drive and
public service easement near the floodway for access. Several homes in
the area have also been built very close to the floodway line.
October 28, 2002
o.: 9 (Co
Public Works does not believe it is good practice to construct a residential
dwelling within such a close distance to the floodway. The close proximity
to the floodway raises severe concerns that some encroachments may
incidentally occur in violation of Section 13-62 of the Code of ordinances.
However, given the past practice of constructing homes very near the
floodway in this area, Public Works is not opposed to this construction as
long as the following conditions are met.
The applicant must obtain a flood hazard development permit from Public
Works. The construction mu.$t meet the requirements of Sections 13-58,
13-59 and 36-341 (h)(2)c. of the Little Rock Code of Ordinances and plans
indicating compliance with these provisions must be submitted to Public
Works for review and approval before a building permit is issued.
Second, the applicant shall establish and maintain the floodway line
throughout construction and shall conduct no construction activity within
the floodway including temporary placement of fill or construction
materials. Third, the applicant shall keep the floodway free of structures
or other encroachments as required by Section 13-62 and 36-341 (h)(2)d.
Finally, the applicant shall file with the circuit clerk's property records an
affidavit with wording approved by the Public Works Department noting
that this property has been granted a variance from the floodway buffer
requirements, that a portion of the property is regulatory floodway, and
that there are restrictions on developing that portion of the property
located in the regulatory floodway.
B. Staff Analysis:
Lot 11, Pleasant Valley Estates is zoned R-2 and is currently undeveloped
and wooded. There is a creek and floodway along the southern boundary
of the lot. The applicant proposes to construct a two-story single family
residence on this lot. The proposed residence will be set back 53.5 feet
from the front property line and 25 feet from the side (south) property line.
The southern one-half of the proposed residence will be located within the
floodplain.
Section 36-341 (h)(2)a. of the City's Zoning Ordinance states the following:
"a. No structure shall be closer than twenty-five (25)
feet to any established floodway line."
The south wall of the proposed residential structure will be setback 2 to
2.5 feet from the floodway liftb, and approximately 15 feet from the top of
the creek bank. Therefore, the applicant is requesting a variance for this
reduced setback.
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October 28, 2002
item No., 9 (Cont.
Staff is supportive of the requested variance. With floodway setback
variances, staff relies heavily upon the review and recommendation of the
Public Works Engineering S6ff. The Engineering Staff has stated that
they are not opposed to the construction of the new residence, subject to
several conditions as noted in their comments (paragraph A. of this
report). The proposed residential structure exceeds all of the minimum
building setback requirements for R-2 zoning. As a point of reference, the
existing single family residence directly across Valley Estates Drive is
setback approximately the same distance from the top of the creek bank
as this proposed residence, with a zero setback from the floodway line.
C. Staff Recommendation:
Staff recommends approval of the requested floodway setback variance,
subject to compliance with all of the Public Works requirements as noted
in paragraph A. of this report.
BOARD OF ADJUSTMENT: (OCTOBER 28, 2002)
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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