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HomeMy WebLinkAboutZ-8438 Staff AnalysisAPRIL 27, 2009 ITEM NO.: D File No.: Z-8438 Owner: Doug Hunnicut Applicant: Pat McGetrick Address: 5 Cadron Cove Description: Lot 26, Phase I, Waters Edge Addition Zoned: R-2 Variance Requested: Variances are requested from the area provisions of Section 36- 254 and the building line provisions of Section 31-12 to allow construction of a new residence with reduced front setback and which crosses a platted building line. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Vacant Lot Proposed Use of Property: Single Family Residential STAFF REPORT A. Public Works Issues: No Comments B. Staff Analvsis: The R-2 zoned property at 5 Cadron Cove is currently an undeveloped, grass - covered single family lot. The lot is located at the east end of a cul-de-sac and backs up to a small lake. As noted on the attached site plan, the lot has a 25 foot front platted building line, a 25 foot wide utility easement along the rear (east) property line and 7.5 foot wide easement along the south side property line. The applicant is proposing to construct a new two-story single family residence on the property, also noted on the attached site plan. The proposed residence will comply with all minimum setbacks from property lines, with exception of a portion of the front of the structure. The southwest corner of the garage portion of the structure will cross the 25 foot front platted building line by approximately APRIL 27, 2009 ITEM NO.: D (CON'T. three (3) feet, resulting in a 22 foot front setback. The remainder of the front of the structure will be located behind the front platted building line. There will be a two -car wide driveway from Cadron Cove leading to the garage area. The proposed residence is located on the 25 foot rear setback, utility easement line. The applicant has noted that the structure cannot extend into the easement as there is a sewer main within the west portion of the easement, near the 25 foot setback line. Section 36-254(d)(1) of the City's Zoning Ordinance requires a minimum front setback of 25 feet. Section 31-12(c ) of the Subdivision Ordinance requires that building line encroachments be reviewed and approved by the Board of Adjustment. Therefore, the applicant is requesting variances from these ordinance standards to allow the new residence with reduced front setback and which crosses a front platted building line. Staff is supportive of the requested front setback and .building line variances. Staff views the request as a very minor issue, as only approximately 15 square feet of the proposed residence encroaches across the 25 foot front platted building line and into the minimum front building setback. As noted previously, there is a 25 foot utility easement located along the rear (east) property line. The applicant has met with a representative from Little Rock Wastewater. He was informed that there is a sewer main located just inside (west portion) the 25 foot wide utility easement, and that Wastewater would allow no encroachment into the easement. Typically, staff would support a reduced rear setback in this case, if it were an option. Additionally, with the curvature of the cul-de-sac in front of the proposed structure, the structure encroaching across the front building line will not have the appearance of being out of alignment with future residences on the adjacent lots. Staff believes the proposed residence crossing the front platted building line, as proposed, will have no adverse impact on the adjacent properties or the general area. If the Board approves the building line variance, the applicant will have to complete a one -lot replat reflecting the change in the platted front building line for the new residence. The applicant should review the filing procedure with the Circuit Clerk's office to determine if the replat requires a revised Bill of Assurance. C. Staff Recommendation: Staff recommends approval of the requested setback and building line variances, subject to completion of a one -lot replat reflecting the change in the front platted building line as approved by the Board. APRIL 27, 2009 ITEM NO.: D (CON'T. BOARD OF ADJUSTMENT: (MARCH 30, 2009) Pat McGetrick was present, representing the application. There were no objectors present. Staff presented the application with a recommendation of approval. Mr. McGetrick noted that he was present to answer any questions. Scott Smith asked if the house could be three (3) feet shorter, in order to comply with all setback requirements. Mr. McGetrick noted that the property owner desired a minimum amount of floor area. The design of the house was discussed. Mr. Smith made additional comments relating to the size of the house. Staff explained that if the 25 foot wide utility easement, with sewer main, were not present the issue could possibly have been handled at staff level. Vice -Chair Winchester noted that the house was pushed forward on the lot because of the sewer main. Mr. McGetrick confirmed. There was a motion to approve the application, as recommended by staff. The vote was 2 ayes, 2 nays and 1 absent. The application was automatically deferred to the April 27, 2009 Agenda for failing to receive three (3) votes for approval or denial. BOARD OF ADJUSTMENT: (APRIL 27, 2009) Pat McGetrick was present, representing the application. There were no objectors present. Staff presented the application with a recommendation of approval. Pat McGetrick addressed the Board in support of the application. Mr. McGetrick explained that the plan as presented had been reduced as much as the future homeowner would allow. Scott Smith questioned the need for the variances. He noted that the house should be redesigned to meet the required setbacks. Mr. McGetrick explained that the proposed foot print of the house was what was desired by the owner. There was a brief discussion regarding who owns the lot and who is developing the lot. There was a motion to approve the application, as recommended by staff. The motion failed by a vote of 2 ayes and 3 nays. The application was denied.