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HomeMy WebLinkAboutS-0224-E Staff AnalysisJanuary 11, 2018 NO.: 2 NAME: Westover Hills Subdivision Replat Lots 77R and 78R LOCATION: Located at 6701 and 6705 Hawthorne Street DEVELOPE Justin Keener P.O. Box 241489 Little Rock, AR 72223 RVEYOR/ENGINEER: Brooks Surveying, Inc. 20820 Arch Street Pike Hensley, AR 72065 ILE NO.: S-224-E AREA: 0.39-acres NUMBER OF LOTS: 2 FT. NEW STREET: 0 LF WARD: 3 PLANNING DISTRICT: 3 —West Little Rock CENSUS TRACT: 49 CURRENT ZONING VARIANCENVAIVERS setback of 3-feet. R-2, Single-family A variance to allow Lot 78R to have a reduced side yard A. PROPOSAL/REQUEST/APPLICANT'S STATEMENT: The applicant is requesting a replat of Lots 77 and 78 of the Westover Hills Subdivision. The requested replat is to reflect an agreed upon solution to a fence/boundary issue between the two (2) properties. The existing fence encroaches several feet onto Lot 78. The owners of both lots have agreed on a new boundary (property) line corresponding to the fence placement. The owner of Lot 78 is requesting a variance to allow a reduced side yard setback on the east property line. This property line is the affected property line by the replat. The request is to allow a three (3) foot setback along this common property line. January 11, 2018 SUBDIVISION ITEM NO.: 2 Cont. B. EXISTING CONDITIONS: FILE NO.: S-224-F The area is predominately single-family with homes located on lots of similar size as the applicant's property. There is a commercial area located to the west of the site at the intersection of Hawthorne Road and Durwood Road which includes retail, office and a church. Hawthorne Road is constructed with curb and gutter. There is a sidewalk along the north side of Hawthorne Road. C. NEIGHBORHOOD COMMENTS: All abutting property owners along with the Heights Neighborhood Association and the Kingwood Neighborhood Association were notified of the public hearing. D. ENGINEERING COMMENTS: PUBLIC WORKS CONDITIONS: No comment. E. Utilities/Fire Department/Parks/County Planning - Little Rock Water Reclamation Authorit : Sewer available to this site. Contact Little Rock Water Reclamation Authority for additional information. Entergy: Entergy does not object to this proposal. There do not appear to be any conflicts with existing electrical utilities based on the information provided. There is an existing single phase power line running near the rear property line providing service to existing structures. Contact Entergy in advance to discuss electrical service requirements, or adjustments to existing facilities (if any) as this project proceeds. Centerpoint Energy: No comment received. AT & T: No comment received. Central Arkansas Water: No comment received. Fire Department: No comment. Parks and Recreation: No comment received. County Planning: No comment. 2 January 11, 2018 SUBDIVISION ITEM NO.: 2 (Cont.) FILE NO.: S-224-E F. Building CodeslLandsca e: Building Code: 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. For information on submittal requirements and the review process contact Curtis Richey at 501.371.4724 or cricheyQ Iittlerock. gov. Landscape: No comment. G. Transportation/Planning: Rock Region Metro: The site is not located on a dedicated Rock Region Metro Route. Planning Division: No comment. H. SUBDIVISION COMMITTEE COMMENT: (December 20, 2017) The applicant was present representing the request. Staff presented an overview of the item stating there were few additional items necessary to complete the review process. Staff stated they were concerned with the proposed three (3) foot side yard setback and questioned if the setback could not be increased to five (5) feet. Staff suggested the applicant contact the Building Codes Division to verify the required construction materials for the new home with the three (3) foot setback. Public Works comments were addressed. Staff stated due to the location of a retaining wall right of way dedication on Hawthorne Road was not required. Staff noted the comments from the various other departments and agencies. Staff suggested the applicant contact the departments or agencies directly with any questions or concerns. There were no more issues for discussion. The Committee then forwarded the item to the full Commission for final action. 3 January 11, 2018 SUBDIVISION ITEM NO.: 2 (Cont) FILE NO.: S-224-E ANALYSIS: The applicant has addressed comments raised at the December 20, 2017, Subdivision Committee meeting. The applicant has met with the Building Codes staff and has determined the requirements to allow the placement of the structure with the three (3) foot side yard setback. The applicant has indicated the wall located along the reduced side yard setback will be constructed with fire rated construction materials. The applicant will also limit openings as required by the Fire Code. The request is a replat of Lots 77 and 78 of the Westover Hills Subdivision. The replat is to reflect an agreed upon solution to a fence/boundary issue between the two (2) properties. An existing fence located on Lot 77 encroaches several feet onto Lot 78. The owners of both lots have agreed on a new boundary (property) line corresponding to the fence placement. Lot 77R is indicated with a 65-foot lot frontage and Lot 78R is indicated with a 64.67-foot lot frontage. Both lots are indicated with a lot depth of 140-feet. The owner of Lot 78 is requesting a variance to allow a reduced side yard setback on the east property line, the property line affected by the replat. The request is to allow a side yard setback ranging from five (5) feet to a minimum of three (3) feet along the eastern property line. The applicant is proposing to construct the wall along this side yard as required by the City's Fire Code. All materials along this wall will be fire rated materials. Openings will be limited to the wall areas which have a setback of more than three (3) feet. Staff is supportive of the applicant's request. The applicant is seeking a replat to recognize an existing encroachment onto the adjacent lot. Although the applicant is seeking the reduced side yard setback based on the applicant's commitment to construct the wall with fire rated materials staff does not feel the reduced setback will have an adverse impact on the lot or the area. J. STAFF RECOMMENDATION: Staff recommends approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. Staff recommends approval of the variance request to allow a reduced side yard setback for Lot 78R. 0 January 11, 2018 SUBDIVISION ITEM NO.: 2 Cont. FILE NO.: S-224-E PLANNING COMMISSION ACTION: (JANUARY 11, 2018) The applicant was present. There were no registered objectors present. Staff presented the item with a recommendation of approval of the request subject to compliance with the comments and conditions as outlined in paragraphs D, E and F of the agenda staff report. Staff presented a recommendation of approval of the variance request to allow a reduced side yard setback for Lot 78R. There was no further discussion. The item was placed on the consent agenda and approved as recommended by staff by a vote of 11 ayes, 0 noes and 0 absent. 5 ITEM NO.: 2, S-224-E NAME: Westover Hills Subdivision Replat Lots 77R and 78R LOCATION: located at 6701 and 6705 Hawthorne Street Planning Staff Comments: 1. Provide notification of the abutting property owners including the certified abstract list, notice form with affidavit executed and proof of mailing. The notice must be mailed no later than December 27, 2017. The Office of Planning and Development must receive the proof of notice no later than January 5, 2018. 2. If the distance between the proposed structure and the new property line is less than five (5) feet the wall must be a fire rated wall. Check with the City of Little Rock Building Codes Division for additional information, Curtis Richey cricheyCQ7littlerock. gov or 501.371.4724. 3. Staff feels the setback along the common lot line should be a minimum of 5-feet. Three (3) feet causes concerns with fire/construction materials for the new home. Variance/Waivers: A variance to allow Lot 78R to have a reduced side yard setback of 3- feet. Engineering Comments: Public Works Conditions: 1. Hawthorne Road is classified on the Master Street Plan as a residential street. A dedication of right-of-way 25-feet from centerline will be required. Utilities/Fire Department/Parks/County Planning: Little Rock Water Reclamation Authority: Sewer available to this site. Contact Little Rock Water Reclamation Authority for additional information. Entergy: Entergy does not object to this proposal. There do not appear to be any conflicts with existing electrical utilities based on the information provided. There is an existing single phase power line running near the rear property line providing service to existing structures. Contact Entergy in advance to discuss electrical service requirements, or adjustments to existing facilities (if any) as this project proceeds. Centerpoint Energy: No comment received. AT & T: No comment received. Central Arkansas Water: No comment received. ITEM NO.: 2. S-224-E Fire Department: No comment. Parks and Recreation: No comment received. County Planning: No comment. Building Codes/Landscape: Building Code: No comment. Landscape. No comment. Transportation/Planning: Rock Region Metro: The site is not located on a dedicated Rock Region Metro Route. Planning Division- No comment. Revised plat/plan: Submit four (4) copies of a revised preliminary plat/plan (to include the additional information as noted above) to staff on Wednesday, December 27 2017.