HomeMy WebLinkAboutZ-8476 Staff AnalysisJ U LY 27, 2009
ITEM NO.: 3
File No.: Z-8476
Owner/Applicant: Jeffrey C..Jones
Address: 1204 N. Shackleford Road
Description: Lot 191, Walnut 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 deck addition with reduced
side setback and which encroaches into an 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:
1. The vertical supporting members of the deck must be located at the top of
bank or no further than 3 ft. from the house foundation.
B. Staff Analysis:
The R-2 zoned property at 1204 N. Shackleford Road is occupied by a one-
story rock and frame single family residence. There is a two -car wide driveway
from N. Shackleford Road which serves as access. Grassy Flat Creek runs
along the south side property line. The south side yard of the property slopes
downward to the creek. There is currently a second story being added to the
residence. There is a ten (10) foot wide easement along the south side
property line.
The applicant is proposing to construct a six (6) foot by ten (10) foot deck on
the south side of the residence, as noted on the attached site plan. The
proposed deck will be uncovered and unenclosed, and located approximately
three (3) feet back from the south side property line. The deck will be located
within the easement running along the south side property line.
J U LY 27, 2007
ITEM NO.: 3 (CON'T.)
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
building encroachments into easements be reviewed and approved by the
Board of Adjustment. Therefore, the applicant is requesting variances to allow
the deck addition with a reduced side setback of three (3) feet, and its
encroachment into an easement.
The applicant submitted letters from the five (5) public utility companies
addressing the easement encroachment. The comments are as follows:
Little Rock Wastewater — no objection to encroachment. Sewer lines on
other side of creek.
• Central Arkansas Water — no objection to encroachment. No existing or
planned facilities located in easement.
CenterPoint Energy — no objection to encroachment.
AT&T — no objection to encroachment.
Entergy — no objection to encroachment. No facilities located in
easement.
Staff is supportive of the requested variances. Staff views the proposed
uncovered, unenclosed deck addition as reasonable. The property is adjacent
to a rather wide creek area. There is approximately 150 feet of separation
between this residence and the residence across the creek to the southwest.
As long as the deck is constructed as per the Public Works requirement, as
noted in paragraph A. of this report, staff feels the deck structure will have no
adverse impact on the adjacent property, creek area or neighborhood.
C. Staff Recommendation:
Staff recommends approval of the requested side setback and easement
variances, subject to the following conditions:
1. Compliance with the Public Works requirement as noted in paragraph A.
of the staff report.
2. The deck must remain uncovered and unenclosed.
BOARD OF ADJUSTMENT:
(JULY 27, 2009)
The applicant was present. There were no objectors present. Staff presented the item
and a recommendation of approval subject to compliance with the conditions outlined
in the "staff recommendation" above. There was no further discussion. The item was
placed on the consent agenda and approved by a vote of 5 ayes and 0 noes.