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HomeMy WebLinkAboutZ-8496 Staff AnalysisSEPTEMBER 28, 2009 ITEM NO.: 3 File No.: Z-8496 Owner: Dorothy and Lawrence Moffett Applicant: Dorothy Moffett Address: 4405 Montgomery Road Description: Lot 1, Pennwyck Subdivision Zoned; R-2 Variance Requested: A variance is requested from the easement provisions of Section 36-11 to allow construction of a new residence which encroaches into a utility easement. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Undeveloped Proposed Use of Property: Single Family Residence STAFF REPORT A. Public Works Issues: 1. No objections to encroachment on City easement. B. Utility Comments: Little Rock Wastewater — No objection to easement encroachment. Central Arkansas Water — No objection to easement encroachment. AT&T/SWB — Approval of easement reduction Entergy — No objection to encroach three (3) feet into easement. • Centerpoint Energy — No objection to reduction of easement C. Staff Analysis: The R-2 zoned property at 4405 Montgomery Road is currently an undeveloped, grass covered lot. The property is located on the east side of Montgomery Road, south of Taylor Loop Road. The front portion of the property slopes upward from Montgomery Road. The property is located approximately three (3) feet above the street grade. The lot contains a 25 foot SEPTEMBER 28, 2009 ITEM NO.: 3 �Con't. front platted building line, a 10 foot wide utility easement along the north property line and a 5 foot wide easement along the east property line. The applicant proposes to construct a single family residence on the lot within the footprint noted on the attached site plan. The residence will be located behind the front 25 foot building line and approximately 28 feet back from the rear (east) property line. Seven (7) foot side (north or south) setbacks are proposed. The house will encroach three (3) feet into the utility easement located along the north side property line. Section 36-11 (f) of the City's Zoning Ordinance requires encroachments into utility easements be reviewed and approved by the Board of Adjustment. Therefore, the applicant is requesting a variance to allow construction of the residence encroaching three (3) feet into the utility easement along the north property line. Staff is supportive of the requested easement encroachment. Staff views the request as a relatively minor issue. As noted in paragraphs A and B of the Staff report, Public Works and all of the public utilities approve of the easement encroachment. The proposed residence will comply with ordinance setback requirements. Additionally, the property owner also owns the residential lot immediately to the north at the corner of Montgomery Road and Taylor Loop Road. Staff believes the proposed residence with easement encroachment will have no adverse impact on the adjacent properties or general area. D. Staff Recommendation: Staff recommends approval of the requested easement encroachment, as filed. BOARD OF ADJUSTMENT: (SEPTEMBER 28, 2009) The applicant was present. There were no objectors present. Staff presented the application with a recommendation of approval. There was no further discussion. The item was placed on the Consent Agenda and approved by a vote of 5 ayes and 0 nays.