Z-8083 Staff AnalysisAUGUST 28, 2006
ITEM NO.:
File No.: Z-8083
Owner: Anthony Dilday and Robert Richardson
Applicant: Anthony Dilday
Address: 5208 Country Club Blvd.
Description: Lot 10, Block 11, Newton's Addition
Zoned: R-2
Variance Requested: A variance is requested from the area provisions of Section 36-
254 to allow a building addition with a reduced rear setback.
Justification: The applicant's justification is presented in an attached letter.
Present Use of Property: Single Family Residential
Proposed Use of Property: Single Family Residential
STAFF REPORT
A. Public Works Issues:
No Comments
B. Staff Analysis:
The R-2 zoned property at 5208 Country Club Blvd. is occupied by a two-story
brick and stucco single family residence. There is a one -car wide driveway
from Country Club Blvd. which serves as access. The driveway runs along the
west property line, leading to a lower level carport at the rear of the residence.
The residence was originally a one-story structure. The applicant recently
constructed the two-story addition on the rear of the structure. The rear
portion of the addition is an open carport with living space above. The
applicant was issued a building permit for a building addition on the rear
structure, with a detached carport structure. However, the carport portion was
constructed as part of the principal structure, with a continuous slab and
roofline. The overall rear addition is located 17.7 feet from the rear (north)
AUGUST 28, 2006
ITEM NO.: 1 (Con't.
property line. When staff became aware of this issue, the applicant was
issued a notice to comply with the building permit or request a variance.
Section 36-254(d)(3) of the City's Zoning Ordinance requires a minimum rear
setback of 25 feet in R-2 zoning. Therefore, the applicant is requesting a
variance to allow a reduced rear setback of 17.7 feet.
Staff is supportive of the requested variance. Although staff has concerns with
the fact that the applicant constructed the rear addition in conflict with the
approved building permit, staff is viewing the requested rear setback variance
as reasonable. Staff feels that the requested 17.7 foot rear setback is not out
of character with the neighborhood. As far as the overall building mass is
concerned, the fact that the lower level carport is unenclosed lessens the
visual impact of the structure on the adjacent properties. If the carport portion
of the addition were moved back and separated from the principal structure by
the required six (6) feet, the overall building mass on the lot would not change.
Staff believes the building addition with reduced rear setback will have no
adverse impact on the adjacent properties or the general area.
C. Staff Recommendation:
Staff recommends approval of the requested rear setback variance, subject to
the following conditions:
1. The carport structure must remain unenclosed on the north, east and west
sides.
2. No additional building area, including accessory buildings, will be allowed
on the lot.
BOARD OF ADJUSTMENT:
(August 28, 2006)
The applicant was present. There were no objectors present. Staff presented the item
and a recommendation of approval.
The applicant offered no additional comments.
The item was placed on the Consent Agenda and approved as recommended by staff
by a vote of 4 ayes, 0 nays and 1 open position.
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