Loading...
HomeMy WebLinkAboutZ- 10296 Staff Report File No.: Z-10296 Owner: Ruth M. Vasquez Applicant: Ruth M. Varquez Address: 904 South Schiller Street Legal Description: The south 19.4 feet of east 50 foot of lot 12 and the north 13.6 feet of the east 50 foot of lot 11, block 7 of Marshall and Wolfe’s addition, an Addition to the City of Little Rock, Pulaski County Arkansas Zoned: R-3 Present Use: Single-family Residence Proposed Use: Single-family Residence Variance(s) Requested: A variance is requested from the area provisions of Section 36-255 to allow a reduced front and rear yard setbacks. Justification: The applicant’s justification was presented with this application. STAFF REPORT Planning and Development Civil Engineering Comments: No Comment B. Buffering and Landscape Comments: No Comments C. Building Codes Comments: The required fire separation distance (building to property line) prescribed by the building code terminates at five feet. Buildings are allowed to be closer than five feet if they have properly constructed fire walls which provide the requisite one-hour fire resistance rating. When buildings are five feet or more from the property line, the requirement no longer applies to the wall itself, only the projections such as eaves or overhangs. Openings such as doors and windows are limited when the exterior wall is three feet from the property line and are prohibited when the exterior wall is less than three feet from the line. There is no restriction on openings when the exterior wall is more than three feet from the property line. Contact the City of Little Rock Building Codes (501)371-4832 for additional details. D. Staff Analysis: The property at 904 S. Schiller Street in an R-3 zoned neighborhood and is a total of 1,650 square feet or 0.4 of an acre. The subject property is located in the Marshal and Wolfe subdivision and is at the corner of Schiller Street and Maryland Ave. The applicant states that they have already demolished the existing house and is proposing to construct a new residence on the same footprint as the old structure. The survey submitted by the applicant shows that the applicant is requesting a variance from the front and rear setbacks, which is allowed by code for existing nonconforming lots. The applicant is requesting the front setback of only 9.5 feet, and a rear setback of 8.4 feet. Section 36-255(d)(1) of the City's Subdivision Ordinance states, “There shall be a front yard setback having a depth of not less than twenty-five (25) feet”. Therefore, the applicant is requesting a variance to allow a reduction of the front yard setback from 25 feet to 9.5 feet. Section 36-255(d)(3) of the City’s Subdivision Ordinance 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 a reduction of the year yard setback from 25 feet to 8.4 feet. In Staff's opinion, the proposed setback adjustments pose 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 setback variances, the applicant must then replat the property into a one-lot replat. Currently this property is two separate lots and is required by the Zoning Code to replat the lots into one lot due to the fact that permanent structure is not allowed to be built across an existing property line. 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. A recorded copy of the revised plat must be submitted to the Planning and Zoning Department of the City of Little Rock.  E. Staff Recommendation: Staff recommends approval of the requested front setback reduction from 25-feet to a minimum of 9.5-feet and the requested rear setback reduction from 25-feet to 8.4 feet as outlined in the staff analysis and indicated on the attached sketch, subject to the following conditions: 1. A building permit being obtained for all construction. 2. A replat of the property be performed and filed.