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HomeMy WebLinkAboutZ-8822 Staff AnalysisDECEMBER 17, 2012 ITEM NO.: 1 File No.: Z-8822 Owner: Robert and Brenda Bailey Applicant: Bob Bailey Address: 403 Hickory Creek Court SE Description: Lot 39, Hickory Creek Addition Zoned: R-2 Variance Requested: A variance is requested from the easement provisions of Section 36-11 to allow construction of a pool 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: No Comments. B. Utility Issues: Central Arkansas Water: No objection to easement encroachment. Little Rock Wastewater: No objection to easement encroachment. CenterPoint Energy: No objection to easement encroachment. Entergy: No objection to easement encroachment. AT&T: No objection to easement encroachment, subject to the following conditions: 1. AT&T's buried cable is to be located and exposed by Mr. Bailey. Mr. Bailey will be billed for any damage to that cable. 2. If it is determined that the cable is in conflict with the building of the proposed swimming pool, Mr. Bailey will contact Chris Keathley, AT&T DECMEBER 17, 2012 ITEM NO.: 1 (CON'T Engineer for Little Rock, at 501-373-6594 and begin a work order for the cable to be relocated. All costs for the relocation of the cable will be borne by Mr. Bailey. If relocation is required, after its completion, AT&T will issue Mr. Bailey a formal Right of Encroachment or Partial Release of Easement upon his request. C. Staff Analysis: The R-2 zoned property at 403 Hickory Creek Court SE is occupied by a two- story rock and frame single family residence. A circular driveway from Hickory Creek Court SE serves as access. The driveway runs along the west side of the house and serves a garage at the west end of the residence. A rather wide utility easement (20 to 60 feet wide) runs along the west side property line and transitions to a 10-foot wide easement along the rear (south) property line. The applicant is proposing to construct an in -ground pool within the rear yard area, as noted on the attached site plan. The proposed pool will be located a minimum of three (3) feet from the rear (south) property line and be separated from the house by at least six (6) feet. The pool will encroach several feet into the 10-foot wide utility easement which runs along the rear (south) property line. A pool deck will surround the proposed pool. The deck will consist of a four (4) inch thick concrete slab with stone tile. A fire pit (landscape feature) will be located at the southeast corner of the pool deck. Section 36-11 (f) of the City's Zoning Ordinance requires that easement encroachments be reviewed and approved by the Board of Adjustment. Therefore, the applicant is requesting a variance to allow the proposed pool to encroach into the rear 10-foot utility easement. Staff is supportive of the requested easement encroachment. Staff views the request as reasonable. All of the public utility companies have reviewed and approved the proposed pool placement with easement encroachment. Conditions are attached to the AT&T approval. The applicant has indicated to staff that he is working with AT&T and will comply with their conditions. The proposed pool will comply with all other ordinance requirements, including setbacks from property lines, separation from principal structure and rear yard coverage. Staff believes the proposed pool with easement encroachment will have no adverse impact on the adjacent properties or the general area. D. Staff Recommendation: Staff recommends approval of the requested easement variance, subject to compliance with the utility requirements as noted in paragraph B. of the staff report. DECMEBER 17, 2012 ITEM NO.: 1 (CON'T BOARD OF ADJUSTMENT: (December 17, 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 4 ayes, 0 nays and 1 absent.