HomeMy WebLinkAboutZ-9113 Staff AnalysisFEBRUARY 29, 2016
ITEM NO.: 4
File No.: Z-9113
Owner: Dustin Hennard
Applicant: Donnie Holland
Address: 2008 Argyll Cove
Description: Lot 19, Lochridge Estates
Zoned: R-2
Variance Requested: Variances are requested from the area provisions of Section
36-254 and the building line provisions of Section 31-12 to allow a residence with a
reduced rear setback and which crosses a street side platted building line.
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. Staff Analysis:
The R-2 zoned property at 2008 Argyll Cove is occupied by a one (1) story brick
single family residence which was recently constructed. The property is located
at the southeast corner of Argyll Cove and Lochridge Drive, east of the Lawson
Road/Marsh Road intersection. There is a two (2) car wide driveway at the
southwest corner of the lot. The lot contains a 25 foot platted front building line
along the north (Lochridge Drive) property line and a 25 foot platted side building
line along the west (Argyll Cove) property line. The applicant is in the process of
replatting this lot, along with the two (2) adjacent lots to the east and south. The
replat will adjust the east side and rear (south) property lines, slightly enlarging
the subject lot. The property is located outside the Little Rock city limits, but is
within the City's Exterritorial Zoning Jurisdiction.
When the new home was constructed, a mistake was made in laying out the
footprint of the house on the lot. The house was placed too far back on the lot
from the front (north) property line. This mistake resulted in the house
encroaching slightly across the street side platted building line by approximately
0.8 foot (9 to 10 inches) at the southwest corner of the structure. It also resulted
FEBRUARY 29, 2016
ITEM NO.: 4 CON'T.
in a reduced rear setback of 16 feet (after replat adjustment) at the southeast
corner of the structure. If the house did not encroach across the street side
platted building line, the required rear setback would be only eight (8) feet.
Section 36-254 (d)(3) of the City's Zoning Ordinance requires a minimum rear
setback of twenty-five (25) feet. Section 31-12 (c) of the Subdivision Ordinance
requires that building line encroachments be reviewed and approved by the
Board of Adjustment. Therefore, the applicant is requesting variances from these
ordinance standards to allow new residence with reduce rear setback and which
crosses a street side platted building line.
Staff is supportive of the requested setback and building line variances. Staff
views the request as reasonable. The requested variances are very minimal in
nature and were the result of an error in placing the footprint of the residence on
the lot. The property is located outside the city limits, with no building permit
required for the construction. Therefore, no inspections were made by the City.
An inspection may have caught the error prior to foundation work. The requested
building line encroachment represents only approximately two (2) square feet of
the structure. Additionally, only approximately 100 square feet of the residence
is located within the required rear setback. If the minor building line
encroachment did not exist, the existing rear setback would comply with
ordinance standards. Staff believes that the proposed encroachments will have
no adverse impact on the adjacent properties or the general area. The
subdivision developer owns the two (2) lots immediately east and south of the
subject property (as well as other lots) and is working with the applicant on the
property replats.
If the Board approves the building line variance, the applicant will have to
complete a one -lot replat reflecting the change in the platted street side building
line for residence. The applicant should review the filing procedure with the
Circuit Clerk's office to determine if the replat requires a revised Bill of
Assurance.
C. Staff Recommendation:
Staff recommends approval of the requested setback and building line variances,
subject to the completion of a one -lot replat reflecting the change in the street
side platted building line as approved by the Board.
BOARD OF ADJUSTMENT
(February 29, 2016)
The applicant was present. There were no objectors present. Staff presented the item
and a recommendation of approval as outlined in the "staff recommendation" above.
There was no further discussion. The item was placed on the consent agenda and
approved as recommended by the vote of 4 ayes, 0 noes and 1 absent.
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