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HomeMy WebLinkAboutZ-9453 Staff AnalysisSEPTEMBER 30, 2019 ITEM NO.: 2 File No.: Owner/Applicant: Address: Description: Zoned: Z-9453 Greyson Skokos 5413 "C" Street Lot 3, Block 16, Pfeifer's Addition R-3 Variance Requested: Variances are requested from the area provisions of Section 36-156 and the fence provisions of Section 36-516 to allow accessory structures with reduced front setback and a fence with increased height. 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. 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 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-3 zoned property located at 5413 "C" Street is occupied by a one-story frame single family residence. The property is located on the south side of "C" Street, between N. Polk and N. Tyler Streets. The existing single family residence is located SEPTEMBER 30, 2019 ITEM NO.: 2 (CON'T.) Z-945 within the rear portion of the lot, at the rear (south) property line. A portion of the front yard area is comprised of a concrete pad which has been utilized for parking in the past. A small arbor structure previously existed at the northwest corner of the property, along the front (north) property line. The applicant proposes to construct a new arbor structure at the northwest corner of the property, as noted on the attached site plan. The proposed arbor structure will be 26 feet by 18 feet in area. It will be located on the front (north) property line (zero (0) setback) and approximately three (3) feet from the west side property line. The applicant also proposes to construct a 10 foot by 14 foot storage building within the front yard area, also noted on the attached site plan. The proposed storage building will be located approximately six (6) feet back from the front (north) property line and three (3) feet from the east side property line. The applicant also proposes to construct approximately 35 feet of fencing (six (6) foot high wood fence) within the front yard area, approximately 18 feet back from the front (north) property line. Section 36-156(a)(2)c. of the City's Zoning Ordinance requires a minimum front setback of 60 feet for accessory structures in R-3 zoning. Section 36-516(e)(1)a. allows a maximum fence height of four (4) feet for residential fences located within the front setback area. Therefore, the applicant is requesting variances from these ordinance requirements to allow the arbor and storage structures with a reduced front setback and the six (6) foot high wood fence within the front building setback area. Staff does not support the requested front setback and fence height variances. Staff does not view the request as reasonable. A smaller nonconforming arbor structure previously existed at the northwest corner of the lot. When that structure was removed from the property, the nonconforming status was lost. The new proposed arbor structure, storage building and fence will all be out of character with the adjacent properties and the overall neighborhood. Staff knows of no similar situation which exists within the Hillcrest area. There is adequate area on the north side of the existing residence to construct an arbor and storage building and comply with the setback requirements. D. Staff Recommendation: Staff recommends denial of the requested front setback and fence height variances. Board of Adjustment (September 30, 2019) Greyson Skokos was present, representing the application. There were no objectors present. Staff presented the application with a recommendation of denial. Greyson Skokos addressed the Board in support of the application. He presented photos of the arbor structure which was previously located on the site. He noted that there were many other accessory structures in the neighborhood. 2 SEPTEMBER 30, 2019 ITEM ND.: 2 CON'T. Z-9453 There was a brief discussion regarding the ordinance required front setback for accessory structures. Carolyn Lindsey -Polk asked Mr. Skokos if he could shift the accessory structures and fence to the south at least 25 feet back from the front (north) property line. Mr. Skokos explained that this could be possible. There was a brief discussion regarding revising the application. Mr. Skokos noted that he would revise the application to provide at least a 25 foot front setback for both accessory structures and the fence. There was a motion to approve the application, as revised by Mr. Skokos including all staff comments/conditions. The motion passed by a vote of 4 ayes, 0 noes and 1 absent. The revised application was approved.