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HomeMy WebLinkAboutS-0559-B Staff AnalysisMay 16; 1988 Item No. B - Z-5011 Owner: Address: Description: Zoned: Variance Requested: Justification: Present Use of Property: Proposed Use of Property: J and E Interests, Inc./White-Daters Associates 500 Napa Valley Drive Lot 1, Calais Subdivision to the City of Little Rock, Pulaski County, Arkansas "MF-12," "MF-18," and "OS" Multifamily and Open Space From the subdivision regulations provisions of Section 37.10-C to change a 25-foot building line. The variance is needed to clear the pool as constructed. Residential/Apartments Residential/Apartments STAFF -REPORT: A. Engineering Issues There are none to be reported at this time. B . Staff Analvsis The issue before the Board of Adjustment is for a variance to correct the fact of an already constructed pool encroaching into an existing 25-foot exterior side yard. The pool encroaches some 18 feet. The site in question is located in the western portion of the City where in the last few years a lot of major development has occurred. The site is that of Calais Apartments complex. The initial preliminary approval by the Planning Commission was in June 1984, and a final plat for Lot 1 was signed in February 1986. Compatibility of the site to the development trends of the area is agreeable. When the initial approval by the Commission was granted, the agent at that time, May 16, 1988 Item No. B - Continued Joe White, prepared the option of connecting the entrance street through the open space zoned to Mara Lynn if the owner of that parcel would agree to it, or improve the street adjacent to the property. Staff found no indication that this agreement has been accomplished; therefore, the applicant needs to address this issue before any building line waiver can be approved. If the Board so sees fit to approve the request of the applicant, there are two additional steps associated with any building line waiver. These two steps include: (a) the filing in the Planning Department and County Courthouse of a one lot replat as well as, (b) the filing of an amended Bill of Assurance. STAFF RECOMMENDATION: Staff is recommending approval subject to the applicant closing the right-of-way if he has no record to indicate that it has been done. Also, the applicant would need to file a replat showing the new building line along with an amended Bill of Assurance. The applicant has requested in writing a 30-day deferral because of the notice requirement not being met. BOARD OF ADJUSTMENT ACTION: A written request was received asking for a 30-day deferral because the notice requirement had not been met. A motion for a 30-day deferral was stated and passed by a vote of 8 ayes, 0 noes, 1 absent. This item will appear again on the May 16, 1988, agenda. BOARD OF ADJUSTMENT ACTION: (5-16-88) Staff stated in the recommendation that the applicant will need to meet with staff in order to work out some agreement regarding the abandonment of the right-of-way. Mr. Joe White of White-Daters represented the applicant, J and E Interests. There were no objectors in attendance. Mr. White stated that he had no objections to meeting with staff and working out the right -of. -way abandonment nor the filing of a replat and amended Bill of Assurance. A motion was then made to approve the building line waiver conditioned upon staff's recommendation. The motion passed by a vote of 7 ayes, 0 noes, 1 absent, 1 open position.