HomeMy WebLinkAboutZ-9412 Staff AnalysisAPRIL 29, 2019
ITEM NO.: 7
File No.: Z-9412
Owner: David and Sheffield Duke
Applicant: Ellen Yeary
Address: 5401 Sherwood Road
Description: Lot 184, Prospect Terrace No. 3 Addition
Zoned: R-2
Variance Requested- A variance is requested from the area provisions of Section
36-254 to allow a deck addition with reduced side 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. Buildinq 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 5401 Sherwood Road is occupied by a two-story frame
single family residence. The property is located on the south side of Sherwood Road,
west of N. Harrison Street. A circular driveway from Sherwood Road serves as
APRIL 29, 2019
ITEM NO.: 7 (CON'T.
Z-9412
access to the property. The property slopes downward from front to back (north to
south). An elevated deck, approximately eight (8) feet above grade, is located at
the southeast corner of the residence. The deck is uncovered and unenclosed.
The applicant proposes to remove the existing deck from the rear, southeast corner
of the residence and construct a new deck, as noted on the attached site plan. The
new deck addition will be slightly larger than the existing deck. The new deck will
be located 1.5 feet to two (2) feet back from the east side property line. The steps
leading from the existing deck to the rear yard area will remain, as the new deck will
maintain the same elevation above grade as the existing deck. The proposed new
deck will have a 36 inch high solid deck rail. Seven (7) foot high operable shutters
will be located along the north and east sides of the new deck.
Section 36-254(d)(2) of the City's Zoning Ordinance requires a minimum side
setback of approximately 5.9 feet. Therefore, the applicant is requesting a variance
to allow the new deck addition with a reduced side setback.
Staff is supportive of the requested variance to allow a reduced side setback for
the new deck addition. Staff views the request as reasonable. The proposed deck
addition will be uncovered and unenclosed (except for the operable shutters), and
should have a very minimal visual impact on the adjacent properties. The property
owners immediately to the east have submitted a letter of support for the new deck
structure. Staff believes the proposed deck with reduced side setback will have no
adverse impact on the adjacent properties or the general area.
D. Staff Recommendation:
Staff recommends approval of the requested side setback variance, subject to the
following conditions:
1. Compliance with the Building Codes requirements as noted in Paragraph B.
of the staff report.
2. The deck addition must remain uncovered and unenclosed (except for the
operable shutters).
Board of Adjustment
(April 29, 2019)
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 staff, including all staff comments and conditions. The
vote was 4 ayes, 0 noes and 1 absent.
PJ