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HomeMy WebLinkAboutZ-8603 Staff AnalysisMarch 10, 2011 u ►• NAME: West Short -form PD-R LOCATION: Located at 2406 West 13th Street DEVELOPER: Ms. Ruthie West 2907 Summit Street Little Rock, AR 72206 ENGINEER: Butler Surveying Group P.O. Box 13087 Maumelle, AR 72113 AREA: 0.16 acres CURRENT ZONING ALLOWED USES: FILE NO.: Z-8603 NUMBER OF LOTS: 1 FT. NEW STREET: 0 LF R-3, Single-family Single-family residential PROPOSED ZONING: PD-R PROPOSED USE: Single-family residential — Central High DOD, Allow the front porch to remain enclosed VARIANCES/WAIVERS REQUESTED: None requested. A. PROPOSAL/REQUEST/APPLICANT'S STATEMENT: The property is located at 2406 West 13th Street and is located within the Central High Design Overlay District boundaries. The property is currently under enforcement. The owner has enclosed the front porch of this home, which is not allowed per the Central High Design Overlay District. The DOD states the primary entrance to the structure shall be consistent with that of other structures on the developed block face. The ordinance also states all residential structures must have a front porch that is a passageway from the street to the front door of the unit on new residential construction and additions/modifications to the front facade of existing residential structures. March 10, 2011 SUBDIVISION ITEM NO.: R Cant. FILE NO.: Z-8603 The applicant's cover letter indicates she is primarily responsible for her 83-year old father who lives in the home and suffers from Alzheimer's, heart disease and has a number of other medical concerns. She states the front porch was enclosed to allow her father to sit outside without concern for him. The Bill of Assurance for this site does not address this specific request. B. EXISTING CONDITIONS: The home is located one block north of Central High School and is the second house from the corner of Rice Street located on West 13th Street. The lot immediately to the west of this home is vacant. The home to the east is an occupied single-family residence. The uses in this immediate area along West 12th and 13th Streets are single-family and two-family residences. There is an area of commercial located along West '12th Street to the northeast and northwest at the intersections of West 12th and Park, Dennison and Jones Streets. C. NEIGHBORHOOD COMMENTS. - As of this writing, staff has received a few informational phone calls from area residents. All property owners located within 200-feet of the site all residents, who could be identified, located within 300-feet, and the Central High Neighborhood Association were notified of the public hearing. The Central High Neighborhood Association has submitted a letter indicating opposition to the request. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: No comment. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: Wastewater: Sewer available to this project. Entergy: Approved as submitted. Center -Point Energy: Approved as submitted. AT & T: No comment received. 2 March 10, 2011 SUBDIVISION ITEM NO.: A (Cont. F L FILE NO.: Z-8603 Central Arkansas Water: No objection. All Central Arkansas Water requirements in effect at the time of request for water service must be met. Contact Central Arkansas Water regarding the size and location of the water meter. Fire Department: Approved as submitted. County Planning: No comment. CATA: The site is not located on a dedicated CATA Bus Route. Parks and Recreation: No comment. ISSUES/TECHNICAL/DESIGN: Planning Division: This request is located in the Central City Planning District. The Land Use Plan shows Residential Low Density for this property. The applicant has applied for a rezoning to Planned Development Residential to allow a variance from the Central High DOD. The request does not require a change to the Land Use Plan. This area is not covered by a Neighborhood Action Plan. Master Street Plan: West 13th Street is a Local Street. The primary function of a Local Street is to provide access to adjacent properties. Local Streets which are abutted by non-residential zoning/use or more intensive zoning than duplexes are considered as "Commercial Streets". These streets have a design standard the same as a Collector. Bicycle Plan: There are no bike routes shown in the immediate vicinity. Landscape: No comment. SUBDIVISION COMMITTEE COMMENT: (October 14, 2010) Ms. West was present representing the request. Staff presented an overview of the request stating the applicant had enclosed the front porch of her home located on West 131h Street which was in violation of the Central High Design Overlay District. Staff stated the violation was under enforcement and the applicant was requesting a rezoning to PD-R to allow the enclosed porch to remain as presently constructed. Ms. West stated the new construction made the home look better and was done to allow her father to stay outdoors and not be concerned for his safety or him wandering away due to his health condition. K March 10, 2011 SUBDIVISION ITEM NO.: A Cont. FILE NO.: Z-8603 Staff noted there were few comments from the other reporting departments and agencies. There was no further discussion of the item. The Committee then forwarded the item to the full Commission for final action. H. ANALYSIS: There were no issues raised at the October 14, 2010, Subdivision Committee meeting requiring a revised site plan. The applicant is requesting to be allowed to maintain the enclosed front porch which is in violation of the Central High Design Overlay District. The construction was done without review by the Planning Department prior to construction and the applicant did not purchase a permit for the improvements. The DOD states in order to ensure compatibility with the historic nature of the neighborhood all new construction and addition are to be reviewed by the Department of Planning and Development prior to the issuance of a building permit. The department is to review the plans for consistency with the detailed requirements of the DOD to determine consistency with the ordinance. The ordinance states primary entrances are to be consistent with that of other structures on the developed block face. The ordinance also states residential structures must have a front porch that is a passageway from the street to the front door of the unit on new residential construction and additions/modifications to the front facade of an existing residential structure. Based on the requirements of the DOD staff cannot support the request. The enclosure is out of character with the remainder of the homes on the block. All other houses on the block have front porches as did this home before it was enclosed. The DOD was approved on October 20, 2009. Staff does not feel the enclosure of the front porch meets the intent of the Central High Design Overlay District. 1. STAFF RECOMMENDATION: Staff recommends denial of the request. PLANNING COMMISSION ACTION: (NOVEMBER 4, 2010) The applicant was present. There were registered objectors present. Staff presented the item stating the applicant was seeking a deferral of the item to the December 16, 2010, public hearing. The applicant approached the Commission stating additional time was needed to gather information to present to staff. CI March 10, 2011 SUBDIVISION ITEM NO.: A (Cont. FILE NO.- Z-8603 The Chair entertained a motion for a By-law waiver for the late deferral request. The motion carried by a vote of 9 ayes, 0 noes, 0 absent and 2 open positions. The Chair entertained a motion for approval of the deferral request to the December 16, 2010, public hearing. The motion carried by a vote of 9 ayes, 0 noes, 0 absent and 2 open positions. STAFF UPDATE: There has been no change to this application request since the previous staff write-up and analysis. Staff continues to recommend denial of the request. PLANNING COMMISSION ACTION: (DECEMBER 16, 2010) Mr. Steve Morley and Ms. West were present representing the request. There were registered objectors present. Staff presented the item with a recommendation of denial. Mr. Morley stated his client had indicated to him the improvements were completed prior to the adoption of the DOD for Central High. He stated Ms. West had provided staff with receipts indicating the purchase of materials prior to the adoption of the DOD. Chairman Yates questioned Ms. Cindy Dawson, Deputy City Attorney, if the Commission should hear the request if in fact the improvements were completed prior to the adoption of the DOD. Ms. Dawson stated she and staff would need to review the information provided by Ms. West to determine if in fact the improvements were completed prior to the DOD adoption. Mr. Tony Bozynski, Director of Planning and Development, stated he would need to confer with the enforcement officer to determine if the improvements were completed prior to the adoption of the DOD. Chairman Yates requested a deferral of the item to allow staff to make the determination as to when the improvements were completed. A motion was made to defer the item to the January 27, 2011 public hearing to allow sufficient time to determine if the improvements were completed prior to the adoption of the DOD. The motion carried by a vote of 9 ayes, 0 noes, 0 absent and 2 open positions. STAFF UPDATE: Staff is meeting with the applicant to determine if the work was completed prior to the adoption of the Central High Design Overlay District. Staff will provide the Commission with an update at the January 27, 2011, public hearing. 5 March 10, 2011 SUBDIVISION ITEM NO.: A (Cont. FILE NO.: Z PLANNING COMMISSION ACTION: (JANUARY 27, 2011) The applicant was present. There were no registered objectors present. Staff presented the item stating since Ms. West was challenging staff's determination that the work was completed prior to the adoption of the Central High Design Overlay District they felt the Zoning Board of Adjustment should hear and decide the case as an appeal of staffs determination of when the work was completed. Staff stated the item would be placed on the Zoning Board of Adjustment's February 28, 2011, docket. Staff stated if the Zoning Board of Adjustment ruled against Ms. West and found there was not sufficient documentation to determine the work was completed prior to the adoption of the Central High DOD the item would be retuned to the Planning Commission at their March 10, 2011, public hearing to determine the appropriateness of the enclosure of the front porch. Staff stated if the Zoning Board of Adjustment felt there was sufficient documentation to determine the enclosure was completed prior to the adoption of the Central High DOD then the would be presented with a recommendation of withdrawal at the Commission's March 10, 2011, public hearing. There was no further discussion of the item. The Chair entertained a motion of approval of the item as presented by staff. The motion carried by a vote of 9 ayes, 0 noes and 2 absent. STAFF UPDATE: This item was reviewed by the City of Little Rock Zoning Board of Adjustment at their February 28, 2011, public hearing. The Zoning Board of Adjustment determined the work was started prior to the adoption of the Central High Design Overlay District. Staff recommends withdrawal of this item. PLANNING COMMISSION ACTION: (MARCH 10, 2011) The applicant was not present. There were no registered objectors present. Staff presented the item stating the item was reviewed by the City of Little Rock Zoning Board of Adjustment at their February 28, 2011, public hearing. Staff stated the Zoning Board of Adjustment had determined the work was started prior to the adoption of the Central High Design Overlay District therefore there was no violation of the DOD. Staff presented a recommendation of withdrawal of the item. There was no further discussion of the item. The chair entertained a motion for approval of the item as presented by staff. The motion carried by a vote of 11 ayes, 0 noes and 0 absent. n. ITEM NO.: 11. (Z NAME: West Short -form PD-R LOCATION: located at 2406 West 13th Street Planning Staff Comments: 1. Provide notification of abutting property owners of the site, complete with the certified abstract list, notice form with affidavit executed and proof of mailing. The notice must be mailed no later than October 20, 2010. The Office of Planning and Development must receive the proof of notice no later than November 29, 2010. 2. The site is located within the Central High Design Overlay District. The DOD states all residences are to have a front porch that is the passageway from the street to the front door of the unit. Variance/Waivers: None requested. Public Works Conditions: No comment. Utilities and Fire Department/County Planning: Wastewater: Sewer available to this project. Entergy: No comment received. Center -Point Energy: Approved as submitted. AT & T: No comment received. Central Arkansas Water: No objection; All Central Arkansas Water requirements in effect at the time of request for water service must be met. Contact Central Arkansas Water regarding the size and location of the water meter. Fire Department: Approved as submitted. County Planning: No comment. CATA: The site is not located on a dedicated CATA Bus Route. Parks and Recreation: No comment. Planning Division: This request is located in the Central City Planning District. The Land Use Plan shows Residential Low Density for this property. The applicant has applied for a rezoning to Planned Development Residential to allow a variance from the Central High DOD. The request does not require a change to the Land Use Plan. This area is not covered by a Neighborhood Action Plan. Master Street Plan: West 13th Street is a Local Street. The primary function of a Local Street is to provide access to adjacent properties. Local Streets which are abutted by non-residential zoning/use or more intensive zoning than duplexes are considered as "Commercial Streets". These streets have a design standard the same as a Collector. Bicycle Plan: There are no bike routes shown in the immediate vicinity. Landscape: No comment. Revised plat/plan: Submit four (4) copies of a revised preliminary plat/plan (to include the additional information as noted above) to staff on Wednesday, October 20, 2010.