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HomeMy WebLinkAboutMarch Action Letter and Minutes Department 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. Ronald Parks Sr. File No: Z-10108 53 Bently Cir Location: 53 Bentley Cir Little Rock AR 72211 __________________ Issue: Reduced Rear Yard Setback Date: March 31, 2025____ Dear Mr. Ronald Parks Sr. . This is to advise you that in connection with your application, File No. _Z-10108_, the following action was taken by the Board of Adjustment at its meeting on March 20, 2025_: (a) ____ _ Approved the application as filed. (b) X Approved the application with conditions. (c) ________ Denied the application. (d) ____ ___ Deferred the application to the Board of Adjustment Agenda meeting. (e) ________ Withdrew the application. (f) ____X___ 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/ds MARCH 20, 2025 ITEM NO. 4 Z-10108 1 File No.: Z-10108 Owners: Ronald G. Parks Applicant: Ronald G. Parks Address: 53 Bentley Drive Legal Description: Lot 41, Bentley Court 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 area regulations of Sec. 36-254 to allow a reduced rear yard setback in the R-2 district. A variance is requested from the area provisions of Section 36-11 to allow an accessible ramp to encroach into a platted utility easement. 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: No Comments. C. Building Codes Comments: No Comments. D. Staff Analysis: The property located at 53 Bentley Circle is occupied by a one-story single-family residence. A paved access driveway connecting to Bentley Circle is located along the east perimeter of the front yard area and an existing wood frame deck is located at the rear of the residence. The site plan indicates that the existing 325 -square foot wood frame deck is partially covered and extends south from the residence approximately 25-feet MARCH 20, 2025 ITEM NO. 4 Z-10108 2 ending in alignment with the rear wall of the residence. This existing portion of the residence extends approximately 15-feet into the rear (south) yard setback and is discontinued along the perimeter of an existing 10-foot easement. The applicant proposes to remove the existing deck and construct a new 625 - square foot addition to the rear of the residence. The applicant states the addition will contain an accessible sleeping area with bath. The site plan indicates that the addition will increase the overall square footage of the residence to 2,978 square feet. The site plan further indicates that the applicant proposes to additionally construct a wood frame ramp that extends from east to west along the south perimeter of the residence. As part of the proposed addition the new ramp will extend from a new centrally located doorway and connect to a paved walkway along the east perimeter of the residence. The new paved walkway extends north connecting to the paved driveway at the front of the residence. On April 30, 2012, the Board approved a variance to allow the applicant to construct a 440-square foot addition to the original residence which extends 15- feet into the rear yard setback. The applicant states that the request for the new addition is to accommodate their evolving needs as they age. 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 is requesting a variance to allow the extension and expansion of the primary structure into the rear yard setback area, reducing the setback to no less than 10 -feet. Section 36-11 (f) sates, “No building or structure as defined in this chapter shall be erected, converted, reconstructed, or structurally altered that encroaches on, over or into any easement. This includes drainage, utility access or use easements within the boundary of any lot of record, platted or otherwise established. For purposes of fence placement within easements, fences shall not be constructed to be a building or structure.” Therefore, the applicant is requesting to construct an accessible wood frame ramp 5.4-feet into the platted utility easement. Staff views the variances requested as reasonable. The proposed reduced south rear yard setback will not be evidently out of character with the surrounding developments. The south utility easement encroachment will only expand the building to the 25-foot building line and would normally follow all code requirements. Additionally, the applicant has provided documentation from the utility companies stating that they have no objections to the requested variances. D. Staff Recommendation: Staff recommends approval of the requested south rear yard setback reduction from 25-feet to 10-feet. Staff also recommends approval of the proposed construction of an accessible ramp into the south utility easement reducing the utility easement MARCH 20, 2025 ITEM NO. 4 Z-10108 3 from 10 feet to 5-feet. Both variances are subject to the of above analysis, attached survey/site plan, and subject to compliance with the city building code requirements. Board of Adjustment (MARCH 20, 2025) The applicant was present. There were no objectors present. Staff presented the application to the Board and stated it recommended the 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 3 ayes, 0 nays, 2 absent.