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HomeMy WebLinkAboutZ-8747 Staff AnalysisFEBRUARY 27, 2012 ITEM NO.: 7 File No.: Z-8747 Owner: James Phillip and Catherine Malcom Applicant: Bill Hearnsberger Address: 17 Glenleigh Drive Description: Lot 29, Robinwood Valley Addition, Phase I 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 building/deck addition with a reduced rear setback and construction of an accessory building 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. Building Codes Comments: The required fire separation distance (building to property line) prescribed by the building code terminates at five (5) feet. Buildings are allowed to be closer than five (5) feet if they have properly constructed fire walls which provide the requisite one (1) hour fire resistance rating. When buildings are five (5) feet or more from the property line, the requirement no longer applies to the wall itself, only the projections such as eaves or overhangs. Openings such as doors and windows are limited when the exterior wall is three (3) feet from the property line, and are prohibited when the exterior wall is less than three (3) feet from the line. There is no restriction on openings when the exterior wall is more than three (3) feet from the property line. Contact the City of Little Rock Building Codes at 371-4832 for additional details. FEBRUARY 27, 2012 ITEM NO.: 7 (CON'T. C. Utility Comments: Little Rock Wastewater: No objection to easement encroachment. Central Arkansas Water: No objection to encroachment as proposed. AT&T: Concurs with request to encroach upon utility easement. CenterPoint Energy: No objection to easement encroachment. Entergy: No objection to easement encroachment/structure addition. D. Staff Analysis: The R-2 zoned property at 17 Glenleigh Drive is occupied by a two-story frame single family residence located within the west half of the property. There is a one - car wide driveway from Glenleigh Drive at the southwest corner of the lot. The driveway widens to a two -car width and accesses a garage at the west end of the house. The property slopes downward from front to back (south to north) and side to side (west to east). The east half of the property is tree -covered. The applicant proposes a two-story addition, with deck and porch, as noted on the attached site plan. An 18 foot by 24 foot accessory garage structure is also proposed at the northwest corner of the lot. The proposed room addition is located 22 feet to 34 feet back from the rear (north) property line. The deck portion of the addition is located 12 feet to 21 feet back from the rear property line, with the porch section of the addition being set back over 40 feet from the rear line. The proposed deck will be uncovered and unenclosed, with the porch section being covered and unenclosed. The applicant also proposes to construct a detached garage at the northwest corner of the lot. The garage will be one-story in height and located three (3) feet back from the rear (north) property line and three (3) feet from the west side property line. The accessory garage will encroach approximately seven (7) feet into a 10 foot wide utility easement which runs along the rear property line. Section 36-254(d)(3) of the City's Zoning Ordinance requires a minimum rear setback of 25 feet for R-2 zoned lots. Section 36-11(f) requires that the Board of Adjustment review and approve proposed easement encroachments. Therefore, the applicant is requesting variances to allow the building/deck addition with a reduced rear setback and the accessory garage which encroaches into a utility easement. Staff is supportive of the requested variances. Staff views the request as reasonable. There is a large wooded tract immediately north of the lot which is owned by a partnership, of which this property owner is a part. The tract was purchased to serve as an undeveloped buffer area. The extreme slope within the rear yard area greatly decreases the amount of buildable area on the lot. Also, as noted in paragraph C. of the staff report, all of the utility companies concur with the proposed encroachment into the utility easement. Based on all of these issues, staff believes the proposed addition with reduced rear setback and accessory garage with encroachment into the utility easement will have no adverse impact on the adjacent properties or the general area. FEBRUARY 27, 2012 ITEM NO.: 7 CON'T. E. Staff Recommendation: Staff recommends approval of the requested building setback and easement encroachment variances, subject to the following conditions: 1. Compliance with the Building Codes requirements as noted in paragraph B. of the staff report. 2. The addition must be constructed to match the existing residence. 3. The deck portion of the addition must remain uncovered and unenclosed. BOARD OF ADJUSTMENT: (February 27, 2012) The applicant was present. There were no objectors present. Staff presented the application with a recommendation of approval, with conditions. The item was placed on the Consent Agenda and approved, as recommended by staff, with a vote of 5 ayes, 0 nays and 0 absent.