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HomeMy WebLinkAboutZ-9049 Staff AnalysisJULY 27, 2015 ITEM NO.: 5 File No.: Z-9049 Owner: Patricia Joyner Applicant: German Ortiz Address: 5313 Southboro Court Description: South side of Southboro Court Zoned: R-4 Variance Requested: Variances are requested from the easement provisions of Section 36-11 and the area provisions of Section 36-156 to allow an accessory building to be constructed within an easement, and with reduced setbacks. 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: • AT&T — No objection to easement encroachment. CenterPoint Energy — No objection to easement encroachment. • Central Arkansas Water — No existing or future water main within this easement. No objection to easement encroachment. ■ Entergy — Proposed structure is outside 10 foot proximity to energized conductor. No objection to easement encroachment. Little Rock Wastewater — No objection to easement encroachment. C. 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 building are five (5) feet or more from the JULY 27, 2015 ITEM NO.: 5 (CON'T. 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. D. Staff Analvsis: The R-4 zoned property at 5313 Southboro Court is occupied by a one-story duplex structure. The property is located on the south side of Southboro Court, west of Loetscher Lane. A circular driveway from Southboro Court serves the property. The lot contains a 25 foot front platted building line, with a five (5) foot wide utility easement along the east side property line and a ten (10) foot wide utility easement along the rear (south) property line. The applicant recently began construction of an accessory storage building at the southeast corner of the lot, as noted on the attached site plan. The accessory structure has been framed with the roof constructed. The proposed accessory building is located 1.5 feet from the east side property line and 1.5 feet from the rear (south) property line. The building extends approximately 8.5 feet into the ten (10) foot easement and 3.5 feet into the five (5) foot easement. Section 36-156(a)(2)f. of the City's Zoning Ordinance requires minimum side and rear setbacks of three (3) feet for accessory structures in R-4 zoning. Section 36- 11(f) requires that easement building encroachments be reviewed and approved by the Board of Adjustment. Therefore, the applicant is requesting variances from these ordinance standards to allow the accessory storage building with reduced side and rear setbacks, and utility easement encroachment. Staff is supportive of the requested setbacks and easement variances. Staff views the request as reasonable. None of the utility companies or the Public Works Department object to the easement encroachment by the proposed accessory storage building. Staff views the reduced side and rear setbacks as a relatively minor issue. The proposed setbacks of 1.5 feet should allow adequate space for the construction and maintenance of the accessory structure without encroaching onto the adjacent properties to the east or south. Adequate separation will exist between the proposed accessory structure and structures on adjacent lots. Staff believes the proposed accessory storage building with reduced setbacks and easement encroachment will have no adverse impact on the adjacent properties or the general area. Fil JULY 27, 2015 ITEM NO.: 5 (CON'T_ E. Staff Recommendation: Staff recommends approval of the requested setback and easement variances, subject to compliance with the building codes requirements as noted in paragraph C. of the staff report. If approved, a building permit must be obtained prior to any work continuing on the structure. BOARD OF ADJUSTMENT (July 27, 2015) 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. 3