HomeMy WebLinkAboutZ-7776 Staff AnalysisJANUARY 31, 2005
ITEM
File No.: Z-7776
Owner: Florence Flis
Address: 43 Wellington Colony Drive
Description: Lot 13, Block 13, Villages of Wellington
Zoned: R-2
Variance Requested: Variances are requested from the area provisions of Section
36-254 and the easement provisions of Section 36-11 to allow a deck with a reduced
side setback and which encroaches into a utility easement.
Justification: The applicant's justification is presented in an attached letter.
Present Use of Property: Single Family Residential
Proposed Use of Property: Single Family Residential
STAFF REPORT
A. Public Works Issues:
No Comments
B. Staff Analysis:
The R-2 zoned property at 43 Wellington Colony Drive is occupied by a one-
story brick single family residence which was recently constructed. There is a
two -car wide shared drive along the west property line. An 8 foot by 20 foot
wood deck was constructed along the east side of the house, as noted on the
attached site plan. The deck is 5 to 6 feet above grade. The deck is also
uncovered and unenclosed and is located 1.3 to 2.3 feet from the side (east)
property line. The deck also extends into a 5 foot wide utility easement
(sanitary sewer easement) which. runs along the east property line. There is a
platted greenbelt (Tract A, villages of Wellington Phase 9) which runs along
the east property line.
Section 36-254(d)(2) of the City's Zoning Ordinance requires a minimum side
yard setback of 7.5 feet for this R-2 zoned lot. Section 36-11(f) requires that
encroachments into utility easements be reviewed and approved by the Board
of Adjustment. Therefore, the applicant is requesting variances from these
JANUARY 31, 2005
ITEM NO.: 9 (CON'T.
ordinance standards to allow the deck structure with a reduced side setback
and encroaching into a utility easement.
Staff is supportive of the requested variances. Staff's support of the reduced
setback is based on the fact that a platted greenbelt tract is located along the
east property line. The greenbelt ranges in width from 75 feet to 150 feet
where adjacent to this lot. Additionally, all of the public utility companies
consent to the proposed encroachment. The applicant has completed a
contract with the Little Rock Wastewater Utility/Sanitary Sewer Committee
addressing the deck's encroachment. Staff feels that the deck as constructed
will have no adverse impact on the adjacent properties or the general area.
C. Staff Recommendation:
Staff recommends approval of the requested variances associated with the
deck construction, subject to the deck remaining uncovered and unenclosed.
BOARD OF ADJUSTMENT: (JANUARY 31, 2005)
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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