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HomeMy WebLinkAboutZ-8172-B Staff AnalysisMARCH 28, 2016 ITEM NO.: 3 File No.: Z-8172-B Owner/Applicant: Arby L. and Angela L. Smith Address: 44 Valley Club Circle Description: Lot 7R, a replat of Lots 7 and 8, Block 20, Pleasant Valley Addition 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 covered patio addition with a reduced rear 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. Utility Comments: (with previous application in 2013) Entergy — No objection to encroachment into 10 foot easement. Entergy's facilities are along the front property line. AT & T — No objection to encroachment. Central Arkansas Water — No objection to encroachment. Little Rock Wastewater — No objection to encroachment. Sewer main located in the right-of-way of Valley Club Circle. CenterPoint Energy - No objection to encroachment. C. Staff Analysis: The R-2 zoned property at 44 Valley Club Circle is occupied by a two-story brick, rock and frame single family residence. There is a two -car driveway from Valley MARCH 28, 2016 ITEM NO.: 3 (CON'T.) Club Circle which serves as access. A circular drive is located in the front yard area, extending along the south side of the house. There is a 10 foot wide utility easement located along the rear (west) property line. The property backs up to the Pleasant Valley Golf Course. The lot contains a 40 foot front platted building line. The applicant proposes to slightly enlarge an existing patio on the rear (west) of the residence and construct a roof over the entire patio area, as noted on the attached site plan. The proposed covered patio area will be 18 feet by 29.8 feet in area. The covered patio area will extend approximately two (2) feet into the existing utility easement along the rear (west) property line. This will result in a setback from the rear (west) property line of approximately eight (8) feet. The covered patio area will be unenclosed on its north, south and west sides. Section 36-11(f) of the City's Zoning Ordinance requires the Board of Adjustment to review and approve request for building construction which encroaches into utility easements. Section 36-254 (d) (3) requires a minimum rear setback of 25 feet. Therefore, the applicant is requesting variances to allow the covered patio area with a reduced rear setback and which encroaches into a utility easement. Staff is supportive of the requested variances. Staff views the request as reasonable. The property backs up to the Pleasant Valley golf course. Similar easement encroachments were approved for a pool and pool house near the southwest corner of the property. When the residence was constructed it was located well behind the 40 foot front platted building line, approximately 76 to 105 feet back from the front property line. This vastly reduced the amount of rear yard area. None of the public utility companies have objected to previous requests for easement encroachment in 2007 and 2013. The applicant will need to obtain and submit updated utility letters prior to a building permit being issued for the proposed construction. Staff believes the proposed covered patio area with reduced rear setback and easement encroachment will have no adverse impact on the adjacent properties or the general area. D. Staff Recommendation: Staff recommends approval of the requested setback and easement variances, subject to the following conditions: 1. The covered patio area must remain unenclosed on its north, south and west sides. 2. Updated utility letters must be submitted to staff prior to a building permit being issued. 0 MARCH 28, 2016 ITEM NO.: 3 (CON'T.) BOARD OF ADJUSTMENT (March 28, 2016) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval as outlined in the "staff recommendation" above. There was no further discussion. The item was placed on the consent agenda and approved as recommended by the vote of 5 ayes, 0 noes and 0 absent.