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HomeMy WebLinkAboutS-0047-J Staff AnalysisFILE NO.: S-47-J NAME: Parkway Place Subdivision (Lots 7 and 8, Block 2) - Replat LOCATION: 15 Red Maple Court DEVELOPER - Sam and Kathy Mascuilli 15 Red Maple Court Little Rock, AR 72211 ENGINEER - Troy D. Laha 7 Althea Cr. Little Rock, AR 72209 AREA: Approx. 0.64 acre NUMBER OF LOTS: 2 FT. NEW STREET: 0 ZONING: R-2 PLANNING DISTRICT: 18 CENSUS TRACT: 42.07 VARIANCES/WAIVERS REQUESTED: 1. Variance for minimum lot width of Lot 8R. 2. Variance for minimum side yard setbacks (both side yards of Lot 8R and west side yard of Lot 7R). A. PROPOSAL: In 1987 a single-family structure was built on Lot 7, Block 2 of the Parkway Place Addition (15 Red Maple Court). The residence was inadvertently constructed approximately 7.8 feet over the side property line between Lots 7 and 8. Lots 7 and 8 are owned by separate individuals. At the time of construction, the title insurance which was issued indicated clear title to the property, when in fact the title is clouded due to the above mentioned problem. The cloud on the title has been overlooked by abstract companies in the past. FILE NO.: 5-47-J Mont. The owners of the residence on Lot 7, Sam and Kathy Mascuilli, wish to sell the home and must have clear title to the property in order to do so. Therefore, the property owners are requesting a replat of Lots 7 and 8 to move the dividing lot line to accommodate the existing residence. Troy D. Laha, the owner of Lot 8 is also participating in the replat request. In moving the dividing lot line, two (2) variances are needed. The first is a variance for the minimum lot width of Lot 8R. The ordinance requires a minimum lot width of 60 feet. A lot width of 53 feet is proposed. The second variance is for minimum side yard setbacks. The minimum side yard required for both lots would be eight (8) feet. Staff suggested that the owners plat six (6) foot side yard building lines for both side yards of Lot 8R and the west side yard of Lot 7R. This will accommodate the existing structure on Lot 7R and should allow ample area on Lot 8R for construction of a residence. B. EXISTING CONDITIONS: Lot 7 contains a single-family residential structure (15 Red Maple Court) and Lot 8 is vacant and partially wooded. There are existing single-family residences on adjacent Lots 6 and 9. C. NEIGHBORHOOD COMMENTS: The Parkway Place Neighborhood Association was notified for the public hearing. Staff has received no comment from the neighborhood. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: No Comments - replat not routed to Public Works. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: No Comments - replat was not required to be routed to these agencies. F. ISSUES/TECHNICAL/DESIGN: Planning Division: No Comment. Landscape Issues: No Comment. FA FILE NO.: S-47-J (Cont. G. ANALYSIS: A replat to adjust a dividing lot line is typically an issue handled at staff level. Whenever the replat contains a variance(s), the Planning Commission must grant approval. Thus is the case with this replat. As noted in paragraph A, variances are needed for the minimum lot width of Lot 8R and side yard setback variances are needed for both Lots 7R and 8R. Staff recommends approval of the variances, as they should have no adverse effect on the neighboring properties. A revised replat drawing was submitted to staff on June 221 1999. The revised drawing contains the additional notes as requested by staff. There should be no outstanding issues associated with the replat. H. STAFF RECOMMENDATIONS: Staff recommends approval of the replat of Lots 7 and 8, Block 21 Parkway Place Subdivision subject to the following conditions: 1. Provide Bill of Assurance (with final plat) which includes language concerning purpose of access easement. 2. A deed for the portion of Lot 8 which will become part of Lot 7R must be recorded with the final plat. 3. Staff recommends approval of the variances for minimum lot width of Lot 8R and side yard setbacks for Lots 7R and 8R. SUBDIVISION COMMITTEE COMMENT: (JUKE 17, 1999) Sam and Kathy Mascuilli and Troy Laha were present, representing the application. Staff briefly explained the proposed replat and noted several items which needed to be shown on a revised replat drawing. Staff also explained that a Bill of Assurance would need to be provided with the final plat and that it should explain the access easement. The variances associated with the replat were briefly discussed. After the brief discussion, the Committee forwarded the replat to the full Commission for final action. 3 FILE NO.: S-47-J (Cont. PLANNING COMMISSION ACTION: (JULY 8, 1999) The staff presented a positive recommendation on this application, as there were no further issues for resolution. There were no objectors to this matter. The Chairman placed the item before the Commission for inclusion within the Consent Agenda for approval as recommended by staff. A motion to that effect was made. The motion passed by a vote of 10 ayes, 0 nays and 1 absent. 4 July 8, 1999 ITEM NO.: 1 FILE NO.: 5-47-J NAME: Parkway Place Subdivision (Lots 7 and 8, Block 2) - Replat LOCATION: 15 Red Maple Court nV..UF.T.npF.R F.NC.TNF:F.R Sam and Kathy Mascuilli Troy D. Laha 15 Red Maple Court 7 Althea Cr. Little Rock, AR 72211 Little Rock, AR 72209 AREA: Approx. 0.64 acre NUMBER OF LOTS: 2 FT. NEW STREET: 0 ZONING: R-2 PLANNING DISTRICT: 18 CENSUS TRACT: 42.07 VARIANCES/WAIVERS REQUESTED: 1.Variance for minimum lot width of Lot 8R. 2.Variance for minimum side yard setbacks (both side yards of Lot 8R and west side yard of Lot 7R). A. PROPOSAL: In 1987 a single-family structure was built on Lot 7, Block 2 of the Parkway Place Addition (15 Red Maple Court). The residence was inadvertently constructed approximately 7.8 feet over the side property line between Lots 7 and 8. Lots 7 and 8 are owned by separate individuals. At the time of construction, the title insurance which was issued indicated clear title to the property, when in fact the title is clouded due to the above mentioned problem. The cloud on the title has been overlooked by abstract companies in the past. July 8, 1999 SUBDIVISION ITEM NO.: 1 (Cont.) FILE NO.: S-47-J The owners of the residence on Lot 7, Sam and Kathy Mascuilli, wish to sell the home and must have clear title to the property in order to do so. Therefore, the property owners are requesting a replat of Lots 7 and 8 to move the dividing lot line to accommodate the existing residence. Troy D. Laha, the owner of Lot 8 is also participating in the replat request. In moving the dividing lot line, two (2) variances are needed. The first is a variance for the minimum lot width of Lot 8R. The ordinance requires a minimum lot width of 60 feet. A lot width of 53 feet is proposed. The second variance is for minimum side yard setbacks. The minimum side yard required for both lots would be eight (8) feet. Staff suggested that the owners plat six (6) foot side yard building lines for both side yards of Lot 8R and the west side yard of Lot 7R. This will accommodate the existing structure on Lot 7R and should allow ample area on Lot 8R for construction of a residence. B. EXISTING CONDITIONS: Lot 7 contains a single-family residential structure (15 Red Maple Court) and Lot 8 is vacant and partially wooded. There are existing single-family residences on adjacent Lots 6 and 9. C. NEIGHBORHOOD COMMENTS: The Parkway Place Neighborhood Association was notified for the public hearing. Staff has received no comment from the neighborhood. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: No Comments - replat not routed to Public Works. E. UTILITIES AND FIRE DEPARTMENT/COUNTY PLANNING: No Comments - replat was not required to be routed to these agencies. E July 8, 1999 SUBDIVISION ITEM NO.: 1 (Cont.) FILE NO.: S-47-J F. ISSUES/TECHNICAL/DESIGN: Planning Division: No Comment. Landscape Issues: No Comment. G. ANALYSIS: A replat to adjust a dividing lot line is typically an issue handled at staff level. Whenever the replat contains a variance(s), the Planning Commission must grant approval. Thus is the case with this replat. As noted in paragraph A, variances are needed for the minimum lot width of Lot 8R and side yard setback variances are needed for both Lots 7R and 8R. Staff recommends approval of the variances, as they should have no adverse effect on the neighboring properties. A revised replat drawing was submitted to staff on June 22, 1999. The revised drawing contains the additional notes as requested by staff. There should be no outstanding issues associated with the replat. H. STAFF RECOMMENDATIONS: Staff recommends approval of the replat of Lots 7 and 8, Block 2, Parkway Place Subdivision subject to the following conditions: 1. Provide Bill of Assurance (with final plat) which includes language concerning purpose of access easement. 2. A deed for the portion of Lot 8 which will become part of Lot 7R must be recorded with the final plat. 3. Staff recommends approval of the variances for minimum lot width of Lot 8R and side yard setbacks for Lots 7R and 8R. SUBDIVISION COMMITTEE COMMENT: (JUNE 17, 1999) Sam and Kathy Mascuilli and Troy Laha were present, representing the application. Staff briefly explained the proposed replat 3 July 8, 1999 SUBDIVISION ITEM NO.: 1 (Cont.) FILE NO.: S-47-J and noted several items which needed to be shown on a revised replat drawing. Staff also explained that a Bill of Assurance would need to be provided with the final plat and that it should explain the access easement. The variances associated with the replat were briefly discussed. After the brief discussion, the Committee forwarded the replat to the full Commission for final action. PLANNING COMMISSION ACTION: (JULY 8, 1999) The staff presented a positive recommendation on this application, as there were no further issues for resolution. There were no objectors to this matter. The Chairman placed the item before the Commission for inclusion within the Consent Agenda for approval as recommended by staff. A motion to that effect was made. The motion passed by a vote of 10 ayes, 0 nays and 1 absent. 4