HomeMy WebLinkAboutZ -10138 Minutes and Action LetterDepartment 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. Mark Caruthers (Agent) _______________ File No: Z-10138
14 Paddock Court Location: 2000 Country Club Lane
Little Rock AR 72223 __________________ Issue: Side Yard Setback & Accessory
Structure Reduced Separation
Date: March 31, 2025____
Dear Mr. Caruthers .
This is to advise you that in connection with your application, File No. _Z-10138, 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)____ __ 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.: 2 Z-10138
1
File No: Z-10138
Owner: David Ritchey
Applicant: Mark Caruthers (Agent)
Address: 2000 Country Club Lane
Legal Description: Lot 17 and 18, Block 2, Country Club Heights Addition
to the City of Litte Rock
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
Section 36-156 to allow an accessory structure to be
less than six (6) feet from a residence.
A variance is requested from the area regulations of
Section 36-156 to allow an accessory structure to be
closer than fifteen (15) feet from a street sideline.
A variance is requested from area regulations of
Section 36-156 to allow an accessory structure to be
less than three (3) feet from a rear property line.
Justification: The applicant’s justification is presented in the attached
letter.
STAFF REPORT:
A.Planning and Development Civil Engineering Comments:
1.A driveway shall be a minimum of 5ft off the property line.
B.Landscape and Buffer Comments:
In October 2020 the City adopted the “Heights Landscape Design Overlay District,”
requiring installation of one (1) tree per forty (40) linear feet of street frontage within
MARCH 20, 2025
ITEM NO.: 2 Z-10138
2
the Heights District boundary, applicable to [among other types] residential
construction in excess of 600 square feet.
B.Building Codes Comments:
As a Carriage House this structure is evaluated as a single-family dwelling and must
meet all single-family dwelling codes and ordinances.
As per 2021 Arkansas Fire Prevention Code Volume III R302.1(1) Single Family
Dwellings have the following requirements when dealing with Dwellings that are
closer than 7’ from the property line:
1.If the soffit assembly extends inside of 5’ from the property line, it must be
constructed with fire -treated materials. 5/8” Type “X” Drywall, stucco, fire treated
plywood or some other fire treated material on underside of the soffit, fire treated
fascia, elimination of soffit vents and gable vents and crawl space vents on the
affected portion of the wall. Note: Vents must be relocated to ensure proper venting
of the attic space.
a.Exceptions to this are to fire block this section of the exterior wall from the top
plate to the underside of the roof decking and to fire caulk the blocking at all joints.
2.As per 2021 Arkansas Fire Prevention Code Volume III R302.1(1) Single
Family Dwellings have the following requirements when dealing with Dwellings that
are closer than 5’ from the property line:
a.Exterior walls from 3 to 5’ from the property line must be constructed of 1-hour fire
rated material and the soffit must be constructed from 1-hour fire rated
material. Soffit and gable vents are not allowed, and venting must be relocated to
adjacent roof and wall sections.
b.Fire Treated roof decking must extend 4’ up the roof as per the Authority having
jurisdiction.
c.In applications 3’ to 5’ from the dwelling unit to the property line exterior windows
are not allowed to exceed 25% of the wall area.
3.Zero Lot Line Construction must be processed through Zoning for such
allowances. Once processed the following requirements apply.
a.No part of the footing/foundation is allowed to extend beyond the property line.
b.No overhang is allowed closer than 2’ from the property line and must be
constructed from 1-hour fire treated materials.
c.Roof decking must have 4’ of fire treated material for the entire length of the
wall and turning 4’ along the adjacent wall with hip roof construction.
d.No windows or doors are allowed when the exterior wall is less than 3’ from the
property line. Windows are required in all sleeping rooms.
Utilities: Utilities are permitted below grade on property but cannot enter where
dwellings are located less than 7’ from the property line. HVAC Units must be
located on dwelling unit property.
NOTE: Garage level is required to have an exit door opening to the outside.
NOTE: Carbon Monoxide detectors are required on both levels of this occupancy.
NOTE: Stair must be constructed as a closed stair so as not to allow airflow from the
lower to upper floor.
NOTE: Floor assembly is not allowed to have any penetrations allowing air to flow
from lower to upper floor.
MARCH 20, 2025
ITEM NO.: 2 Z-10138
3
NOTE: Email crichey@littlerock.gov to note compliance with requirements listed
above.
C.Staff Analysis:
The R-2 zoned property located at 2000 Country Club Lane is occupied by a two -
story single-family residence with an existing garage structure located at the
southwest corner of the property. The property is located on the northwest corner of
the intersection of Country Club Lane and Club Road.
The survey indicates a lot with a width of 120.26 feet and a depth of 145.48 -feet.
The centrally located residence is set 50 feet from the front (east) property line, 17.6-
feet from the north property line, 32-feet from the south side property line, and 44.7-
feet from the rear (west) property line abutting a closed alley.
As part of the improvement to the property, the applicant proposes to remove the
existing garage structure at the southwest corner of the property and construct a
new 1,800-square foot accessory garage structure with living-space. The applicant
states that the new structure will have an occupiable space connecting to the rear
yard area to the north and a garage area on the lower level with a paved access
drive connecting to Club Road to the south. The site plan indicates that the new
structure will be located 3-feet from the rear (west) property line, 3-feet from the
south (side) property line and 5-feet from the southwest corner of the primary
residence. The applicant states that the new garage structure will be located in
approximately the same location as the former non -conforming structure.
The submitted site plan indicates the applicant intends to construct a 150 square
foot shed to the west of the residence in the rear yard area within 1 -foot of the rear
property line along with a new exterior fireplace structure located 10-feet north of the
new carriage house structure and 3.2 feet from the rear property line. Both
structures are indicated to be within the east half of the closed alleyway.
Section 36-156 (a)(2)(b) of the City’s Zoning Ordinance to have a separation of not
less than 6-feet from the residence. Therefore, a variance is requested from the area
regulations to allow an accessory structure to be no less than five (5) feet from a
residence.
Sec. 36-156(a)(2)(c) 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,
fifteen (15) feet from a street sideline and may not occupy more than thirty (30)
percent of the required rear yard area...” Therefore, the applicant is requesting a
variance to allow the proposed accessory garage structure to be located less than
15-feet from a street sideline.
Section 36-156 (a)(2)(f) states “Accessory buildings shall maintain at least a three-
foot setback from any side or rear yard property line except where said rear yard
MARCH 20, 2025
ITEM NO.: 2 Z-10138
4
abuts on a dedicated alley.” Therefore, the applicant is requesting a variance to
allow accessory structure reduced rear yard setback to less than three (3) feet.
Staff is supportive of the requested variances for the accessory structures. Staff
views the request as reasonable. The new structures will be located mainly along
the east bordering the closed alley and south bordering Country Club Lane. Staff
believes that the reduced setbacks will have no adverse impact on the surrounding
properties.
E.STAFF RECOMMENDATION:
Staff recommends approval of the requested variances, 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.Install trees, if deemed applicable at the time of building permitting, in
accordance with Heights Design Overlay District requirements.
3.All construction building codes being applied to meet separation 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.