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HomeMy WebLinkAboutZ-8953 Staff AnalysisJUNE 30, 2014 ITEM NO.: 4 File No.: Owner: Applicant: Address: Description: Zoned: Z-8953 Kelley McCabe Thomas Pownall, Thomas Engineering Company 20 Chalamont Court Lot 18, Block 73, Chenal Valley Addition R-2 Variance Requested: A variance is requested from the area provisions of Section 36-254 to allow a house and decks with reduced rear setback. 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. Buildina 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. C. Staff Analysis: The R-2 zoned property at 20 Chalamont Court is occupied by a one-story brick and rock single family residence. A two -car wide driveway at the southeast corner of the lot serves as access. The lot contains a 15 foot front platted building line. The lot slopes downward from front to back (east to west). The rear yard is fenced JUNE 30, 2014 ITEM NO.- 4 (CON'T. with a four (4) foot high metal fence. The lot backs up to an open space tract which is approximately 180 feet wide. There is a large multi -level deck with steps located on the rear (west) of the residence. The majority of the deck, along with two (2) corners of the residence, encroach into the minimum 25 foot rear setback. Two (2) of the house corners, at and near the northwest corner of the structure, are located 18 feet to 19 feet back from the rear property line. Corners of the deck are located two (2) feet to 14 feet back from the rear property line. The majority of the deck is uncovered and unenclosed. The deck floor is located five (5) to 12 feet above grade, given the slope of the property. Section 36-254(d)(3) of the City's Zoning Ordinance requires a minimum rear setback of 25 feet for this R-2 zoned lot. Therefore, the applicant is requesting a variance to allow the existing residence and deck with a reduced rear setback. It has been noted that the applicant is the third owner of this property, and purchased it with the current encroachments. The applicant is in the process of selling the property, and the new prospective owner wishes to have the existing rear encroachments approved/legitimized. Staff is supportive of the requested rear setback variance, for the existing structure only. If all or part of the deck structure is ever torn down due to maintenance issues, the rear setback issue must be brought back to the Board of Adjustment prior to reconstruction. Staff believes approval of the variance with this condition is reasonable. Staff feels that if all or part of the deck is ever reconstructed, it could be reduced in size to provide slightly more setback from the rear property line. Additionally, this lot has a relatively narrow buildable area of 63.5 feet from front to back. The buildable area for other lots along this cul-de-sac range from 79 feet to over 100 feet. There is also an open space tract of approximately 180 feet behind this lot, between it and future lots to the west. Staff believes that with these existing conditions, the reduced rear setback will continue to have no adverse impact on the adjacent properties or the general area. D. Staff Recommendation: Staff recommends approval of the requested rear setback variance, subject to the following conditions: 1. The variance is for the existing deck structure only. If all or part of the deck structure is ever removed (for maintenance or other reasons), it cannot be reconstructed without approval from the Board of Adjustment. 2. Compliance with the Building Codes requirements as noted in paragraph B. of the staff report. JUNE 30, 2014 ITEM NO.: 4 (CON'T. BOARD OF ADJUSTMENT (June 30, 2014) 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 for approval as recommended by staff. The vote was 4 ayes, 0 nays and 1 absent. The application was approved.