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HomeMy WebLinkAboutZ-9438 Staff AnalysisAUGUST 26, 2019 ITEM NO.: C File No.: Owner/Applicant: Address: Description: Zoned: Z-9438 Cheryle Fox 7807 Illinois Street Lot F, Block 1, Killarney Addition 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 carport addition with reduced front and side setbacks and which crosses a front 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 located at 7807 Illinois Street is occupied by a one-story brick and frame single family residence. The property is located on the south side of Illinois Street, west of N. Mississippi Street. A two -car wide driveway from Illinois Street is located at the northeast corner of the lot. The lot contains a 25 foot front platted building line. The applicant recently began construction of a two -car wide attached carport over a portion of the existing driveway, as noted on the attached site plan. The carport structure is approximately 18.5 feet by 23.5 feet in area. The structure is unenclosed on its north, east and west sides. The carport addition is located approximately five (5) feet from the front (north) property line, extending approximately 20 feet across the front plated building line. The carport addition is located five (5) feet from the east side property line. Construction on the carport addition ceased when a notice of violation was issued to the applicant by the City's zoning enforcement staff. Sections 36-254(d)(1) and (2) of the City's Zoning Ordinance require a minimum front setback of 25 feet and a minimum side setback of 6.25 feet. Section 31-12(b) AUGUST 26, 2019 ITEM NO.: C (CON'T. Z-9438 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 the building addition with reduced front and side setbacks and which crosses a front platted building line. Staff does not support the requested setback and building line variances. Staff does not view the request as reasonable. The proposed front setback and building line encroachment will be very much out of character with the general area and most specifically the other residences along the south side of Illinois Street, between Biscayne Drive and N. Mississippi Street. There are no other similar encroachments along this portion of Illinois Street or other surrounding streets. Staff believes the proposed carport addition with front setback and building line encroachments has an adverse visual impact on the surrounding properties. If the Board approves the building line variance, the applicant will have to complete a one -lot replat reflecting the change in the platted front building line for the addition. 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 denial of the requested setback and building line variances. Board of Adjustment (July 29, 2019) Cheryle Fox was present, representing the application. There were no objectors present. Staff presented the application with a recommendation of denial. Cheryle Fox addressed the Board in support of the application. She noted that a friend was helping her build the carport addition and that the friend was not a contractor. She explained that the carport would allow safe access to her house and for possible future wheelchair access. She noted that the carport addition was unenclosed. Chairman Allison noted that the proposed front setback was a significant encroachment and was out of character with the area. There was a brief discussion regarding the carport encroachment and reasons for the proposed depth of the carport. There was additional discussion about the possibility of Ms. Fox revising the application by decreasing the size/depth of the proposed carport addition, thereby increasing the front setback. The Board indicated to Ms. Fox that letters of support from immediate neighbors could help her case for a reduced front setback. Ms. Fox requested that the application be deferred to the August 26, 2019 agenda to give her time to explore her options. A motion was made to defer the application to the August 26, 2019 agenda. The vote was 5 ayes, 0 noes and 0 absent. The application was deferred. 0) AUGUST 26, 2019 ITEM NO.: C CON'T. Z-9438 Staff Update - The applicant submitted a revised site plan to staff on August 14, 2019. The revised plan reduces the depth of the proposed carport addition from 23.5 feet to 18.5 feet (as measured from the front facade of the residence) and 18.8 feet to 13.8 feet (as measure from the front of the porch.) The revised plan increases the proposed front setback from five (5) feet to ten (10) feet. Staff continues to recommend denial of the requested setback and building line variances. Staff continues to feel that the proposed addition with reduced front setback is out of character with the other houses in the neighborhood. Board of Adjustment (August 26, 2019) Cheryle Fox was present, representing the application. There were no objectors present. Staff presented the application, as revised, with a recommendation of denial. Cheryle Fox addressed the Board in support of the application. She presented letters and signatures from surrounding property owners in support of the application. There was a brief discussion regarding the proposed front setback as revised by the applicant. Staff noted that both adjacent property owners to the east and west signed Ms. Fox's letter of support. There was a motion to approve the revised application, subject to the following conditions: 1. Completion of a one -lot replat reflecting the change in the front platted building line as approved by the Board. 2. The carport addition must remain unenclosed on its east, west and north sides. The motion passed by a vote of 4 ayes, 0 noes and 1 absent. The revised application was approved. _4on_ -� -/ C_ 77, .3y 3� This proposal is to request and substantiate the grant of a variance for a covered area at 7807 Illinois Street, Little Rock Arkansas72227. The petitioner's need for this covering stems from a disability and handicapped need. The covering would provide additional safety to prevent falls from standing water and ice on driveway. The structure will allow parking on property. The neighbors would not be burdened with having to navigate around more parked vehicles in a quiet residential neighborhood. There are similar structures on this street as well as adjacent streets. Therefore granting this variance would not represent any unique or special privilege. The architecture was intentionally designed with all sides open to present a low- key profile. The granting of such variance will not be detrimental to public welfare and causes no harm to either public or private interest. In fact granting this proposal will serve only to create a more visually pleasing home. Additionally the proposed variance being requested does not encroach or infringe on any neighboring properties, nor would it impose hardship on any neighbors. It would not serve to create a situation where any neighbor's quality of life, property value, or peaceful co- existence would be negatively affected. It will allow petitioner to create a safer entrance to home. Thank you for your consideration. Respectfully submitted, Cheryle Fox Attachments enclosed