HomeMy WebLinkAboutMMDECEMBER 21, 2023
ITEM NO. 5 Z-9758-A
File No.: Z-9758-A
Owners: Chattanya Musham
Applicant: Markus Homes Inc — Melinda Markus
Address: 93 Orle Circle
Legal Description: Lot 43, Block 113, Chenal Valley, an addition to the City of Little
Rock
Zoned: R-2
Present Use: Single-family Residence
Proposed Use: Single-family Residence
Variance(s) Requested: A variance is requested from the area provisions of 36-156 to
allow a swimming pool (accessory structure) with reduced
setbacks from side and front yard property lines.
Justification: The applicant's justification is presented in an attached letter.
STAFF REPORT:
A. Planning and Development Civil Engineering Comments:
Plans to be reviewed during building permit.
B. Landscape and Buffer Comments:
No Comments
C. Building Codes Comments:
No comments required.
D. Staff Analysis:
The site at 93 Orle Circle contains and recently constructed single-family dwelling
with a paved access drive extending north to Orle Circle. The lot has been mostly
cleared and slopes downward from east to west.
The applicant proposes to construct a 512-square-foot swimming pool accessory
structure in the northeast corner of the side yard area along the eastern perimeter
of the lot.
NOVEMBER 16, 2023
ITEM NO. 5 CON'T. Z-9758-A
The site plan indicates the proposed pool structure will be located approximately 35-
feet from the north (front) property line, 5.1-feet of the east (side) property line, 65-
feet from the south (rear) property line, and 6-feet from the primary residence.
Section 36-156 (a)(2)(c) of the City's Zoning Ordinance states, "Accessory buildings
or structures in the R-1 through R-4A districts shall not be located closer than sixty
(60) feet to the front property line." Therefore, the applicant is requesting a variance
to allow an accessory swimming pool structure to have a front property line
separation reduced from 60-feet to 35-feet in an R-2 district.
Section 36-156 (a)(2)(f) requires, for accessory buildings, a minimum three-foot
setback from any side or rear yard property line, except when abutting an alley,
where no setback is required. Therefore, the applicant is requesting variances to
allow an accessory swimming pool structure with a reduced side yard setback from
three (3) feet to two (2) feet from the east property line.
The applicant provided responses and additional information to all issues raised
during the staffs review of the application. To the staffs knowledge, there are no
outstanding issues.
Staff is supportive of the reduced front and side setback variances. The pool will be
located along the eastern perimeter of the property adjacent to an existing retaining
wall and believes the pool will have no adverse impact on the surrounding properties.
E. Staff Recommendation:
Staff recommends approval of the requested front property line setback variance,
subject to the descriptions and any conditions in the "staff analysis," and the
following conditions:
1. A building permit being obtained for all construction.
2. Abide by all site development requirements for R-2 zoned properties.
Board of Adjustment
(DECEMBER 21, 2023)
The applicant was present. There were no objectors present. The item was moved to the
regular agenda per a commissioner request. Staff presented the application to the Board
and stated it recommended approval of the requested variances for the front yard setback
per the staff report analysis and report. The commissioner questioned the definition of
"accessory structure", after clarification the commission proceeded. There was a motion
to approve the application. The motion was seconded. The application was approved on
consent. The vote was 5 ayes, 0 nays and 0 absent.
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