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HomeMy WebLinkAboutboa_10 17 2024MINUTES LITTLE ROCK BOARD OF ADJUSTMENT AGENDA PROCEDURE OCTOBER 17, 2024 4:00 PM I. Roll Call and Finding of a Quorum II. Approval of the Minutes of the September 19, 2024 meeting of the Board of Adjustment III. Presentation of Consent Agenda IV. Presentation of Hearing Items MINUTES LITTLE ROCK BOARD OF ADJUSTMENT SUMMARY OF MINUTES OCTOBER 17, 2024 4:00 PM I. Roll Call and Finding of a Quorum A Quorum was present being five (5) in number. II. Approval of the Minutes of the September 19, 2024 meeting of the Board of Adjustment Members Present: Frank Allison - Chairman Austin Grinder — Vice Chair Richard Bertram James Harkins Jeremiah Russell Members Absent: City Attorney Present: Cameron Bowden MINUTES LITTLE ROCK BOARD OF ADJUSTMENT ABBREVIATED AGENDA OCTOBER 17, 2024 4:00 PM OLD BUSINESS: Item Number: File Number: Address: 1. Z-9827-A 5131 Cantrell Road Appeal to Planning Staff Decision 2. Z-2878-A 826 Beechwood Ave A variance is requested from the area provisions of Section 36-254 to allow a residence with a reduced rear yard setback. NEW BUSINESS: Item Number: File Number: Address: 3. Z-10042 Murphy Access Deck 1610 Alberta Drive Variances are requested from the area provisions of Section 36-254(d)(2) to allow a new residence with reduced side yard setback. 4. Z-10043 Loszak Addition 224 North Ash Street Variances are requested from the area provisions of Section 36-255(d)(3) to allow a new residence with reduced rear yard setback. 1 NEW BUSINESS: Item Number: File Number: Address: 5. Z-10044 Rawls Accessory Dwellings 7217 Ohio Street A variance is requested from the area regulations of Sec. 36-259 to allow a reduced rear yard setback in the R-5 district. A variance is requested from the area regulations of Sec. 36-259 to allow a reduced area of land per dwelling unit in the R-5 district. 6. Z-10051 Morey Residence 2201 North Cleveland A variance is requested from the area regulations of Sec. 36-254 to allow a reduced rear yard and side yard and in the R-2 district. 7. Z-10056 Satterfield Addition 5412 Centerwood Road A variance is requested from the area provisions of Section 36-156 to permit more than 30% coverage of the rear yard for an accessory structure. 8. Z-9990 Michel Deck 19 Haywood Court A variance is requested from the area regulations of Section 36-254 to allow a reduced rear yard setback in an R-2 district. 2 OCTOBER 17, 2024 ITEM NO.: 1 Z-9827-A File No.: Z-9827-A Owner: Mindful Properties, LLC Applicant: Thomas H. Wyatt Address: 5131 Cantrell Road Legal Description: Lot 11, Block 3, McGehee Current Zoning: R-2 Variance(s) Requested: An appeal of staff decision. Justification: The applicant's appeal is presented in the attached letter dated June 10, 2024. STAFF REPORT: In July 2023 the applicant filed a rezoning application for the property at 5131 Cantrell Road. The proposal was to rezone the property from R-2 to PD-C to allow the existing single family residence to be used as a Short -Term Rental-2. The Planning Commission approved the PD-C rezoning request at its December 14, 2023 meeting. The City's Board of Directors denied the application on May 6, 2024. On June 4, 2024, the applicant attempted to file another application to rezone the property from R-2 to PD-C to use the existing single family residence as a Short -Term Rental-2. Staff rejected the filing of the application, as Staff determined that the application was substantially identical to the first application. Staff issued a letter to the applicant on June 4, 2024 which contained the following information: "The Planning & Development staff has reviewed your application for the above - referenced property. We have determined this application is identical or substantially identical to the previously submitted application which was denied by the Little Rock Board of Directors at their May 06, 2024, meeting. The proposal to change the zoning and use the property as a Short -Term Rental (STR-2) is not a substantial change in the original application which was denied. Therefore, your application for the STR-2 at 5131 Cantrell Road has been denied based on the following provisions in the City of Little Rock Code of Ordinances: 1 OCTOBER 17, 2024 ITEM NO.: 1 Z-9827-A Sec. 36-83. - Guidelines for decision. In determining whether to grant a requested amendment, the board of directors may consider, among other things, the recommendations from the planning commission and the designated department of the city having planning responsibility and authority and use the provisions of the comprehensive plan, master street plan, master parks plan, and community facilities plan, as well as any other appropriately approved document created to provide the required public facilities necessary to protect the public interest. The planning commission shall consider, but shall not be bound by, the lawful provisions of a valid bill of assurance for the subdivision within which the subject property is located when determining the appropriateness of the proposed special use. No identical or substantially identical application for the redistricting of a specific parcel or parcels of land which has been denied by the board of directors may be made for a period of one (I) year." On June 12, 2024 the applicant filed an appeal of staff's determination in not accepting the application. The letter of appeal from Thomas H. Wyatt is attached. In his letter, Mr. Wyatt outlines several changes made from the first application to the second application. In staff's opinion the vast majority of the changes outlined in Mr. Wyatt's letter are not issues that staff considers nor are they required in reviewing an STR-2 application. Staff contends that the second application that the applicant tried to file was for an STR-2 use, which is identical to the use proposed in the first application which was denied by the Board of Directors. The Board of Adjustment is asked to determine if staff's administrative decision that the PD-C application cannot be filed is appropriate based on the zoning code. Board of Adjustment (MAY 16, 2024) Staff recommends that the application be deferred to the June 20, 2024, agenda, as the applicant failed to send notices to surrounding property owners as required. There was no further discussion. The item remained on the consent agenda for deferral. The vote was 5 ayes, 0 nays and 0 absent. Board of Adjustment (JUNE 20, 2024) The applicant was not present. Staff informed the Board that the applicant failed to send notifications to surrounding property owners as required. Staff recommended the application be deferred to the July 18, 2024 agenda. The item remained on the consent agenda for deferral. The vote was 4 ayes, 0 nays, 1 absent. 2 OCTOBER 17, 2024 ITEM NO.: 1 Z-9827-A Board of Adjustment (JULY 18, 2024) The applicant was not present. Staff recommended the application be withdrawn at the request of the property owner. The item was withdrawn by staff. Board of Adjustment (AUGUST 15, 2024) Attorney Thomas Wyatt addressed the commission representing the application. He described the background information and why the appeal was filed along with his clients attempts to adjust their application to adhere to their neighbors’ issues. He discussed the differences to the original application and the second filing which was which was rejected by staff. Property owners Michelle and Marcus Arnold addressed the commission stating their repeated attempts to engage the neighbors and make concessions so they may continue to operate. Melanie Fox addressed the commission in opposition stating that parking, noise issues, and that an STR-2 type property was disrupting the neighborhood. There was a discussion by the commission with Mr. Wyatt regarding the differences in the original application and staff’s decision regarding the second one under appeal. Additionally, they discussed how the similarity between the applications and how parking was addressed on the property, and that if denied by the commission the process to rezoning would start over. Melanie Fox addressed the commission in opposition stating that the neighbors were opposed to the use of structure as rental property. There was a motion to approve the appeal to staffs’ decision as stated. The motion failed by a vote of 2 ayes, 1 nays, 2 absent. The motion was approved. The commission discussed the staff’s decision to deny the application and the deferring it back to the Planning Commission. There was a motion to expunge the previous vote and to reopen the item for discussion. The motion passed by a vote of 3 ayes, 0 nays, 2 absent. The motion was approved. The commission discussed the application merits and how the area was popular for short term rental along with their belief that the application should be returned to the planning commission. 3 OCTOBER 17, 2024 ITEM NO.: 1 Z-9827-A Attorney Thomas Wyatt addressed the commission representing the application. He stated that his client wished to request that the item be deferred to the September hearing agenda. There was a motion to defer the item to the September hearing at the cost of the applicant. The motion passed by a vote of 3 ayes, 0 nays, 2 absent. The motion was approved. Board of Adjustment October 17, 2024 The applicant requested to withdraw prior to the start of the meeting. 4 OCTOBER 17, 2024 ITEM NO.: 2 Z-2878-A File No.: Z-2878-A Owner: Martha Crowder Applicant: Ellen Yeary – Yeary Lindsey Architects Address: 826 Beechwood Avenue Legal Description: The South 50 feet of Lot 1, Block 63, Pulaski Heights Addition to the City of Little Rock Current Zoning: R-2 Present Use: Single-Family Residence Proposed Use: Single-Family Residence Variance(s) Requested: A variance is requested from the area provisions of Section 36-254 to allow a residence with a reduced rear yard setback. Justification: The applicant’s justification is presented in an attached letter. STAFF REPORT: A. Planning And Development Civil Engineering Comments: No comments required. B. Landscape And Buffer Comments: No Comments. C. Building Codes Comments: No Comments. D. Analysis: The R-2 zoned property located at 826 Beechwood Street is occupied by a 2,949 square foot, one-story single-family residence. The survey indicates a lot width of 50 feet along N. Beechwood Street and a depth of 138 feet. The residence sits 27 feet from the rear (northwest) property line and 25 feet from the front (north) property line. 1 OCTOBER 17, 2024 ITEM NO.: 2 Z-2878-A As part of the improvement to the residence, the applicant proposes to construct a 240 square foot carport addition on the northwest side of the residence in the rear yard area. The site plan shows the carport addition will have seven feet – two- inch (7-2) setback along the rear (northwest) property line and maintain the existing setback of twenty-five (25) feet from the side (north) property line. The addition would not require modifying any existing structural configurations to the existing dwelling. Section 36-254(d)(1) of the City’s Zoning Ordinance requires a minimum rear yard setback of 25 feet for the principal structure on this R-2 zoned lot. Therefore, the applicant is requesting a variance to allow the carport addition to be constructed with a reduced rear yard setback of seven feet – two inches (7-2) feet along the rear (northwest) property line. Staff is supportive of the requested rear yard setback variance. Staff views the request as reasonable. Staff views the variance as very minor in nature and feels the reduced setback will have no adverse impact on the surrounding properties. The properties to the north and south along N Palm Street at the rear of the property have similar relationships with the roadway. Some of these residences have very little, if any, setback from their rear property lines along N Palm Street. E. STAFF RECOMMENDATION: Staff recommends approval of the requested seven feet – two inch (7-2) rear yard setback variance, subject to the descriptions and any conditions in the “staff analysis”, and the following condition: 1. A building permit being obtained for all construction. Board of Adjustment October 17, 2024 The applicant was present. There were no objectors present. Staff presented the application to the Board and stated it recommended the reduced rear yard setback variance be approved as per staff report. The Board pointed out an incorrect measurement of the distance from the proposed carport to the rear property line on the plans for the carport in question. The applicant agreed that the measurement was incorrect. There was discussion about whether the measurement printed on the plans was feasible. The applicant asked to be deferred to the November meeting. A motion was made to defer the application to the November meeting. The motion was seconded. The motion to defer passed with a vote of 5 ayes, 0 nays. 2 OCTOBER 17, 2024 ITEM NO.: 3 Z-10042 File No.: Z-10042 Owner: Mark and Candice Murphy Applicant: Candice Murphy Address: 1610 Alberta Drive Legal Description: Lot 101 Leawood Manor 2nd Edition to the City of Little Rock, Pulaski County, AR Current Zoning: R-2 Present Use: Single Family Residential Proposed Use: Single Family Residential Variance(s) Requested: Variances are requested from the area provisions of Section 36-254 (d)(2) to allow a new residence with reduced side yard setback. Justification: The applicant’s justification is presented in an attached letter. STAFF REPORT: A. Planning And Development Civil Engineering Comments: No comments. B. Landscape And Buffer Comments: No comments. C. Building Codes Comments: No Comments. D. Analysis: The property located at 1610 Alberta Drive is currently occupied by a two-story masonry single family residence. The masonry structure is centered upon the lot with a carport structure located along north side of the residence. The lot slopes from the southeast to the northwest rear corner of the property. 1 OCTOBER 17, 2024 ITEM NO.: 3 Z-10042 The applicant is proposing to construct a wood frame deck-like walkway that runs along the south side of the residence and connects the front porch to the existing rear yard deck structure. The new deck structure will extend from east to west along the south façade of the residence and extend south four (4) feet into the side yard setback. Section 36-254(d)(2) states “There shall be a side yard set-back on each side of the building having a width not less than ten (10) percent of the average width of the lot, not to exceed eight (8) feet.” Therefore, the applicant is requesting a variance to allow a reduction of the side yard setback to two (2) feet. Staff is supportive of the requested variance. Staff views the request as reasonable and believes it is generally in conformance with the development pattern in the neighborhood and nearby area, nor should it have an adverse impact on the surrounding properties. E. Staff Recommendation: Staff recommends approval of the requested side yard setback reduction variance, subject to the descriptions and any conditions in the “staff analysis” and the staff report. Board of Adjustment October 17, 2024 The applicant was present. There were no objectors present. Staff presented the application to the Board and stated it recommended the reduced side yard setback variance be approved as per staff report. There was a consent motion to approve the application. The motion was seconded. The application was approved on consent. The vote was 4 ayes, 0 nays, 1 absent. 2 OCTOBER 17, 2024 ITEM NO.: 4 Z-10043 File No.: Z-10043 Owner: Ralph Loszak & Tiffany Mattzela Applicant: Mike Irmen, Lewis and Company Construction Address: 224 N. Ash Street Legal Description: East 100 ft of Lot 1. Block 8, Elmhurst Addition to the City of Little Rock, Pulaski County, Arkansas Current Zoning: R-3 Present Use: Single Family Residential Proposed Use: Single Family Residential Variance(s) Requested: Variances are requested from the area provisions of Section 36-255 (d)(3) to allow a new residence with reduced rear yard setback. Justification: The applicant’s justification is presented in an attached letter. STAFF REPORT: A. Planning And Development Civil Engineering Comments: No comments. B. Landscape And Buffer Comments: No comments. C. Building Codes Comments: No Comments. D. Analysis: The property located at 224 N. Ash Street is currently occupied by a two-story wood frame single family residence. The residence in centrally located on the lot with a paved parking pad located at the northwest corner of the lot and a wood frame fence enclosure around the rear yard area. The existing dwelling is located 27-feet from the east (front) property line, 10-feet from the north (side) property 1 OCTOBER 17, 2024 ITEM NO.: 4 Z-10043 line, 5-feet from the south (side) property line, and 25-feet from the west (rear) property line. The applicant is proposing to construct a 12-foot by 12-foot closet addition to the rear southwest corner of the existing residence within the fenced rear yard area. The new addition will extend north and west from residence into the rear yard setback 12-feet. Section 36-255(d)(3) requires a minimum rear yard setback of 25-feet in the R-3 District. Therefore, the applicant is requesting a variance to allow a reduction of the rear yard setback from 25-feet to no less than 13.5-feet. Staff is supportive of the requested variance. Staff views the request as reasonable and believes it is generally in conformance with the development pattern in the neighborhood and nearby area, nor should it have an adverse impact on the surrounding properties. E. Staff Recommendation: Staff recommends approval of the requested rear yard variance, subject to the descriptions and any conditions in the “staff analysis” and the following. 1. A building permit being obtained for all construction. Board of Adjustment October 17, 2024 The applicant was present. There were no objectors present. Staff presented the application to the Board and stated it recommended the reduced front yard setback variance be approved as per staff report. There was a consent motion to approve the application. The motion was seconded. The application was approved on consent. The vote was 4 ayes, 0 nays, 1 absent. 2 OCTOBER 17, 2024 ITEM NO.: 5 Z-10044 File No.: Z-10044 Owners: C.E. Rawls Applicant: Tim Heiple / Heiple Wiedower Architects Address: 7217 Ohio Street Legal Description: Lots 4 & 5, Block 3, Riffel & Rhoton’s Addition, to the City of Little Rock, Pulaski County Arkansas Zoned: R-5 Present Use: Duplex – 2-Family Residential Proposed Use: Multi-Family Residential – Up to 5 Units Variance(s) Requested: A variance is requested from the area regulations of Sec. 36-259 to allow a reduced rear yard setback in the R-5 district. A variance is requested from the area regulations of Sec. 36-259 to allow a reduced area of land per dwelling unit in the R-5 district. Justification: The applicant’s justification is presented as per the attached letter. STAFF REPORT A. Planning and Development Civil Engineering Comments: No Comments. B. Buffering and Landscape Comments: All landscaping and screening of vehicular use areas shall be in accordance with Chapter 15, Article IV of the City’s Ordinance. C. Building Codes Comments: No Comments. D. Staff Analysis: The property at 7217 Ohio Street is in a predominantly R-5 zoned area and is located on the south side of Ohio Street, east of Georgia Avenue. The property 1 OCTOBER 17, 2024 ITEM NO.: 5 Z-10044 has a large yard area is occupied by a one-story wood frame multi-family duplex. The adjacent and surrounding properties to the north and west are occupied by R- 5 zoned properties and the properties to the east and south are zoned PRD. The property is accessed from Ohio Street connecting to a paved eight (8) space parking area along the north perimeter of the site. The 15,000 square foot lot extends south 150-feet and east to west 100-feet with an open rear yard area. The applicant is proposing to construct three (3) new 12-foot x 20-foot rental housing units in the remaining portion of the properties rear and side yard areas. The site plan indicates that the new structures will be connected by a new paved access walk extending from the parking area to open porches located on the front and rear sides of each unit. This proposed improvement will follow the current code requirements of an R-5 zoning with the exception of the rear yard setback and lot area per unit provisions. The remaining rear and side yard spaces are approximately 6,400 square feet in area. The existing and new structures as indicated on the site plan will cover a combined total of 2,940 square feet of area which will require 10,000 square feet of land area. Sec. 36-259(d)(5)(b) states, “Lots ranging from ten thousand (10,000) square feet through one (1) acre shall provide two thousand (2,000) square feet of land area per dwelling unit.” Therefore, the applicant is requesting a variance to allow the amount of land per unit to be reduced to no less than one thousand (1,000) square feet per unit. The site plan indicates that each of the new structures will be located between 13- feet and 15-feet from the south (rear) property line and 5-feet from the east (side) and west (side) property lines with a separation distance of 15-feet between the units. Sec. 36-259(d)(3) states, “There shall be a rear yard setback having a depth of not less than twenty-five (25) feet to the rear line of the building.” Therefore, the applicant is requesting a variance to allow a reduced rear yard setback on not less than 13-feet. Staff is supportive of the requested variance to allow the new structures to occupy the site along with the existing duplex structure. Staff views the request as reasonable. The proposed single dwelling units will not be out of character with other rental properties throughout this neighborhood and believes and increased density will have no adverse impact on the adjacent properties or the general area. E. Staff Recommendation: Staff recommends approval of the rear yard setback reduction variance to no less than 13-feet. Staff additionally recommends approval of the reduced lot area per 2 OCTOBER 17, 2024 ITEM NO.: 5 Z-10044 unit not to be less than 1,000 square foot per unit. Both variances are subject to the of above analysis, attached survey/site plan, and subject to the following conditions: 1. A building permit being obtained for all construction. 2. All Landscaping and screening of vehicular use areas shall be in accordance with Chapter 15, Article IV of the City Ordinance. Board of Adjustment October 17, 2024 The applicant was present. There were no objectors present. Staff presented the application to the Board and state it recommended the reduced rear yard setback and reduced area of land per dwelling variances be approved as per staff report. The Board had a question for staff about the lot size distribution for the proposed new residences. Staff explained the reasoning behind the need for reduced area of land per dwelling variance was due to the exclusion of newly added parking as “yard area” per the city code. There was a motion to approve the application. The motion was seconded. The application was approved with a vote of 5 ayes, 0 nays. 3 OCTOBER 17, 2024 ITEM NO.: 6 Z-10051 File No.: Z-10051 Owner: Robert and Sara Moery Applicant: Robert and Sara Moery Address: 2201 North Cleveland Street Legal Description: Lot 24, Block 6, Alzheimer’s Addition, to the City of Little Rock, Pulaski County Arkansas. Current Zoning: R-2 Present Use: Single-family Residence Proposed Use: Single-family Residence Variance(s) Requested: A variance is requested from the area regulations of Sec. 36- 254 to allow a reduced rear yard and side yard and in the R-2 district. Justification: The applicant’s justification is presented as per the attached letter. STAFF REPORT: A. Planning And Development Civil Engineering Comments: No comments. B. Landscape And Buffer Comments: In October 2020 the City adopted the “Heights Landscape Design Overlay District,” requiring installation of one tree per 40 linear feet of street frontage within the Heights District Boundary, applicable to [among other types] residential construction in excess of 600 square feet. C. Building Codes Comments: There needs to be an easement and affidavit that the property owner seeks from their neighbor of 5ft for access of maintenance. With the proposed item if it were to fail or fall it would land on the neighbor’s property and there wouldn’t be any way to access to fix the failed items. 1 OCTOBER 17, 2024 ITEM NO.: 6 Z-10051 D. Analysis: The property at 2201 North Cleveland Street is in a predominantly R-2 zoned neighborhood, within the Heights Landscape Design Overlay District. The subject property is located on the northeast side of the North Cleveland Street and the Beacon Street intersection. The vacant parcel was originally developed to contain a single-family residence which has been removed. The applicant is proposing to construct a new 4,943 square-foot, two-story, single- family residence with a covered walkway to a carport structure in the rear yard area with a paved access drive connecting to Beacon Street. The primary structure will be located 5-feet 6-inches from the north (side) property line, 5-feet 6-inches from the south (side) property line and will extend east into the rear yard setback area to 5-feet of the rear property line. Section 36-254(d)(3) of the City’s Zoning Ordinance requires a minimum rear yard setback of 25-feet for principal structures in R-2 zoning. Therefore, the applicant is requesting a variance to allow the extension of the primary structure into the rear yard setback reducing the setback to no less than 5-feet. The site plan indicates that the residence will have a chimney structure that extends south 3-feet towards the south side property line along with a new paved access drive that connects the new carport to Beacon Street to the south. Section 36-255(d)(2) states, “There shall be a side yard on each side of the building having a width of not less than ten (10) percent of the average width of the lot, not to exceed five (5) feet.” Therefore, the applicant is requesting a variance to allow a reduced side yard setback in the R-3 zoning district from 5-feet 6-inches to 2- feet 6-inches. In Staff's opinion, the proposed setback reduction will pose no negative effect upon the health, safety, or welfare of the public, and will not detract from the value or aesthetics of the surrounding properties in the general area. E. Staff Recommendation: Staff recommends approval of the requested rear yard setback to no less than 5- feet and side yard setback reduction from 5-feet 6-inches to 2-feet 6-inches as per the submitted survey/site plan sketch, subject to the following condition: 1. Obtain a building permit prior to construction. 2. Install trees, if deemed applicable at the time of building permit, in accordance with the Heights Design Overlay District requirements. 2 OCTOBER 17, 2024 ITEM NO.: 6 Z-10051 Board of Adjustment October 17, 2024 The applicant was present. There were no objectors present. Staff presented the application to the Board and stated it recommended the reduced side yard setback variance be approved as per staff report. There was a consent motion to approve the application. The motion was seconded. The application was approved on consent. The vote was 4 ayes, 0 nays, 1 absent. 3 OCTOBER 17, 2024 ITEM NO.: 7 Z-10056 File No.: Z-10056 Owners: John and Julianne Satterfield Applicant: Don Perrymore (Agent) Address: 5412 Centerwood Road Legal Description: The East 30 feet of Lot 91 and all of Lot 92, Prospect Terrace 2nd Addition to the City of Little Rock, Pulaski County Arkansas Current Zoning: R-2 Present Use: Single-family Residence Proposed Use: Single-family Residence Variance(s) Requested: A variance is requested from the area provisions of Section 36-156 to permit more than 30% coverage of the rear yard for an accessory structure. Justification: The applicant’s justification is presented as per the submitted letter. STAFF REPORT: A. Planning and Development Civil Engineering Comments: No comments. B. Landscape and Buffer Comments: In October 2020 the City adopted the “Heights Landscape Design Overlay District,” requiring installation of one tree per 40 linear feet of street frontage within the Heights District Boundary, applicable to [among other types] residential construction in excess of 600 square feet. C. Building Codes Comments: No comments. D. Analysis: The property at 5412 Centerwood Road is in a predominantly R-2 zoned neighborhood, within the Heights Landscape Design Overlay District. 1 OCTOBER 17, 2024 ITEM NO.: 7 Z-10056 The applicant is proposing to remove the existing single-story carport structure and construct a new two-story accessory garage structure in the rear yard area of the property along with an addition to the primary residence. The site plan indicates that the proposed 1,125-square foot accessory garage structure is located in the rear yard area 3-feet from the north property line, 32-feet from the west property line, 3-feet from the east property line, and 8-feet from the primary residence. The rear yard space is approximately 2,880 square feet in area. The proposed structure will yield approximately 57-percent coverage of the rear yard exceeding the maximum code allowance of 30-percent. Section 36-156(2)(c) requires the accessory building not to occupy more than thirty percent (30%) of the required rear yard area. Therefore, the applicant is requesting a variance to allow the new accessory structure to exceed the coverage requirements to a maximum of fifty-seven percent (57%). Staff is supportive of the requested variance to allow the accessory structure to occupy more than 30% of the rear yard area. Staff views the request as reasonable. The proposed garage structure will not be out of character with other accessory structures throughout this neighborhood and believes and increased area coverage will have no adverse impact on the adjacent properties or the general area. E. Staff Recommendation: Staff recommends approval of the requested rear yard coverage to a maximum of 57% as per the above staff analysis and the submitted survey/site plan sketch subject to the following conditions: 1. A building permit being obtained for all construction. 2. Install trees, if deemed applicable at the time of building permitting, in accordance with the Heights Landscape Design Overlay District requirements. Board of Adjustment October 17, 2024 The applicant was present. There were no objectors present. Staff presented the application to the Board and state it recommended the increase in allowed rear yard coverage of an accessory structure variance be approved as per staff report. The proposed accessory structure would take up approximately 59% of the rear yard. A member of the Board questioned the need and appropriateness of allowing a nearly 100% increase in the allowable 30% rear yard coverage. The applicant explained that the need for the accessory garage structure was a matter of security for the residents and their 2 OCTOBER 17, 2024 ITEM NO.: 7 Z-10056 vehicles due to heavy pedestrian traffic in the area. The Board asked for an arial view of the lot and discussed the request. There was a motion to approve the application. The motion was seconded. The application was approved with a vote of 4 ayes, 1 nay. 3 OCTOBER 17, 2024 ITEM NO.: 8 Z-9990 File No.: Z-9990 Owners: Frank and Alix Michel Applicant: Stephen Eifling, Oasis Construction Address: 19 Haywood Court Legal Description: Lot 78, Block 136, Chenal Valley Addition Current Zoning: R-2 Present Use: Single-family Residence Proposed Use: Single-family Residence Variance(s) Requested: A variance is requested from area regulations of Sec. 36-254 to allow a reduced rear yard setback in the R-2 district. Justification: The applicant’s justification is presented as per the attached letter. STAFF REPORT: A. Planning and Development Civil Engineering Comments: No comments. B. Landscape and Buffer Comments: No comments. C. Building Codes Comments: Cannot encroach into the sewer easement. D. Analysis: The property at 19 Haywood Court is in a predominantly R-2 neighborhood, within the Chenal Valley “Falstone Court” Subdivision. The existing 2-story wood frame home occupying the property is located on the south side of Haywood Court and was constructed in 2021 with an existing utility easement along the south perimeter of the property. The immediate neighboring properties are also populated with single family homes. 1 OCTOBER 17, 2024 ITEM NO.: 8 Z-9990 The house faces west towards Haywood Court and has a paved access drive at the northwest corner of the property connecting to Haywood Court. The applicant is proposing a 12-foot x 18-foot wood frame deck and pergola addition at the rear (south) side of the structure which extends to the southeast towards the existing utility easement. The deck addition connects to an existing deck structure and extends into the rear yard approximately 12-feet and into the rear yard setback approximately 5-feet. Section 36-254(d)(3) states “There shall be a rear yard setback having a depth of not less than twenty-five (25) feet. Therefore, the applicant requests a variance to allow the extension of the deck structure into the rear yard setback reducing the setback to no less than 20-feet. Staff finds the request to generally be in conformance with the development pattern in the neighborhood and nearby area. Based on the above assessment and analysis, staff finds the requested variance to be reasonable. E. Staff Recommendation: Staff recommends approval of the requested rear yard setback reduction from twenty-five (25) feet to a minimum of 20-feet, with the following conditions: 1. A building permit being obtained for all construction. Board of Adjustment October 17, 2024 The applicant was present. There were no objectors present. Staff presented the application to the Board and stated it recommended the reduced rear yard setback variance be approved as per staff report. There was a consent motion to approve the application. The motion was seconded. The application was approved on consent. The vote was 4 ayes, 0 nays, 1 absent. 2 DATE: OCTOBER 17, 2024 BOARD OF ADJUSTMENT- VOTE RECORD Time. 4:00PM Time In f Time out In Out ALLISN, FRANK BER rRAM, JAMES GRIIVF)ER, AU.STIN RLISSE LL, J EREMIAH 4.10 HARKIN 5, .JAM ES d C rest Min Agenda Regular Agenda ITEM & VOTE Item Number: 2 1) 1 7 r 4w: itrvns 2,5,7 to n0l:r App'ove Approve ALLISON, FRANK ✓ v 13ERTRAM, J A M E S GRJNDER,AUSTIN v d ✓ RUSSELL, JEREMIAH A A A ✓ HARKINS,JANIF, / l ✓ 'VAYE XNAYF A ABSENT R RECUSE Meeting Adjourned 1:37 PM OCTOBER 17, 2024 There being no further business before the Board, the meeting was adjourned at 4:37 p.m. Date: ------------ Chairman Secretary