HomeMy WebLinkAboutZ-10098 Action Letter 012425Department of Planning and Development
723 West Markham Street
Little Rock, Arkansas 72201-1334
Phone: (501)371-4790 Fax: (501)371-4546
Planning
Development
Building Codes
Mr. Gordon Duckworth ____________________ File No: Z-10098
920 Cape Street Location: 28 Scenic Point
Little Rock AR 72223 __________________ Issue: Front Yard Setback
Platted Line Encroachment
Date: January 24, 2025____
Dear Mr. Duckworth .
This is to advise you that in connection with your application, File No. _Z-10098_, the following action
was taken by the Board of Adjustment at its meeting on January 16, 2025_:
(a)____X__ Approved the application as filed.
(b)Approved the application with conditions.
(c)________ Denied the application.
(d) ________ Deferred the application to the ________ meeting.
(e)________ Withdrew the application.
(f)________ See attached Board of Adjustment minute record for conditions.
(g) ________ Other: ______________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
If a variance application is approved by the Board of Adjustment, all permits necessary for the initiation of
work shall be obtained within two (2) years from the date of approval, unless an extension of time is granted
by the Board. Otherwise, the Board’s approval of the application shall be considered void.
According to the City’s Zoning Ordinance Section 36-70:
“Appeals from the decision of the Board of Adjustment shall be filed with the appropriate court of
jurisdiction. This filing must occur within thirty (30) calendar days of the action by the Board of
Adjustment.”
If you have questions, please call me at (501) 371-6821.
Sincerely,
_____________________________________________
Romie G. Price, Plans Development Administrator
RGP/aa
JANUARY 16, 2025
ITEM NO.: 1 Z-10098
1
File No.:
Owner:
Applicant:
Address:
Legal Description:
Current Zoning:
Z-10098
Jack Yeager
Gordon Duckworth (Agent)
28 Scenic Point
Lot 28, Scenic Heights Addition to the City of Little Rock,
Pulaski County
R-2
Present Use: Single Family Residential
Proposed Use: Single Family Residential
Variance(s) Requested: A variance is requested from the area provisions of Section
36-254 to allow a reduced front yard setback in an R-2 zoning.
A variance is requested from the building line regulations of
Sec. 31-12 to allow the encroachment of a structure across a
platted building line.
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:
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.
JANUARY 16, 2025
ITEM NO.: 1 Z-10098
2
D. Analysis
The property located at 28 Scenic Point is currently occupied by a single-story
masonry single-family residence in the Heights Overlay District. The survey shows a
lot width of 60.7 feet at the front (south) property line and 145.46 feet at the rear
(north) property line, with a lot depth of 173.32 feet at the left (west) property line and
176.8 feet at the right (east) property line.
The applicant is proposing to convert the existing carport into a single-story enclosed
garage. The expanded building footprint will be extended into the front yard setback
across the building line. The new garage will have 32-inch by 80-inch doors on the
east and west side and a 7-foot by 18-foot section garage door in the front. The
sketch indicates that garage expansion will be located 10-feet from the south (front)
property line and extend south 8-feet beyond the platted building line.
Section 36-254(d)(1) states “There shall be a front yard setback having a depth of not
less than twenty-five (25) feet.” The new garage will be 16-feet from the front property
line. Therefore, the applicant is requesting a variance to allow the front yard setback
to be reduced to no less than 10-feet.
Section 31-12(b) of the City's Subdivision Ordinance states, "In those instances
where a recorded subdivision plat has established building setback lines in
accordance with this chapter, variances of those lines shall only be granted by the
Board of Adjustment." Therefore, the applicant is requesting a variance to allow a
reduction of the 20-foot platted rear building line to 10-feet.
In Staff's opinion, the proposed building line adjustment, poses no negative effect
upon the health, safety, or welfare of the general public, and does not detract from
the value or aesthetic of the neighborhood or surrounding properties. In addition, Staff
finds the request to generally be in conformance with the development pattern in the
neighborhood. Based on the above assessment and analysis, Staff finds the
requested variances to be reasonable.
If the Board approves the requested building line setback variance, the applicant must
then produce a one-lot replat reflecting the approved change. As such, the applicant
must also review filing procedures with the County Clerk's office to determine if the
replat will require a revised Bill of Assurance and respond as necessary and
appropriate, as part of said replat.
E.Staff Recommendation:
Staff recommends approval of the requested front yard setback to no less than sixteen
(16) feet, subject to the following conditions:
1.Obtain a building permit prior to construction.
JANUARY 16, 2025
ITEM NO.: 1 Z-10098
3
2. Install trees, if deemed applicable at the time of building permit, in accordance
with the Heights Design Overlay District requirements.
3. A replat of the property be performed and filed.
Board of Adjustment JANUARY 16, 2025
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.