Z-3828 Staff AnalysisJuly 19, 1982
Item No. 8 - Z-3828
Owner: Evelyn Stover
Address: 7800 Leawood Boulevard
Description: Lot 46, Leawood Heights First Addition
Zoned: "R-2" Single Family
Variance
Requested: Relief from Section 7-101.2D to permit
construction of a garage to within 1' of
the side lot line.
Present Use of
Property: Single Family
Proposed Use of
Property: Same
STAFF RECOMMENDATION:
This request came to the Board of Adjustment on
April 19, 1982, at which time the Board approved a 3'
setback. The applicant is requesting that reconsideration
be given, feeling that the Board of Adjustment did not have
adequate information on the project. The applicant requests
the Board hear a plea for approval of the original
application. The staff has no recommendation one way or the
other on this matter.
BOARD ACTION:
The applicant was present, and there were no objectors. The
applicant stated that he felt the Board had not received
full information on this case when it acted in April and
asked for an opportunity to discuss it again. The Board
moved to reconsider the application. The motion passed -
4 ayes, 0 noes, 3 absent.
The applicant stated that the existing configuration of the
driveway made it imperative that the unusual garage shape be
utilized. He explained that landscaping and street
intersection considerations were important. After lengthy
discussion, the Board moved to approve the application as
originally requested which permits the exterior wall of the
garage to parallel the northerly property line. The motion
passed - 4 ayes, 0 noes, 3 absent.
April 19,1' 1
1982
Item No. 6 - Z-3828
Owner: Evelyn Stover
By: Fred Ulmer
Address: 7800 Leawood Boulevard
Description: Lot 46, Leawood Heights First Addition
Zoned: "R-2" Single Family
Variance
Requested: Relief from Section 7-101.2D to permit
construction of a garage to within one
foot of the side lot line.
Present Use of
Property: Single Family
Proposed Use of
Property: Same
STAFF RECOMMENDATION:
The applicant proposes to construct a new garage which will
encroach into a platted easement and be located one foot off
the side property line. The applicant is obtaining letters
from the various utility companies regarding use of the
easement, and any action by the Board of Adjustment will be
contingent upon those approvals.
On-site inspection of this property suggests that the
proposed wall alignment will prove too crowded next to the
neighboring property to the north, particularly in view of
the fact that this is an enclosed garage rather than an open
carport. Staff can support the alternative wall alignment
suggested by the architect.
Staff recommends approval of the alternative wall location
three feet from the property line at its closest point.
BOARD ACTION:
There were no objectors present. The applicant was in
attendance and provided clarification of the request. He
stated that the owner was not sure whether a carport or a
garage would be constructed. In the absence of a firm
choice by the owner, the Board and staff determined that the
wall alternative was appropriate. The Board voted
unanimously to approve the application subject to:
April 19, 1982
Item No. 6 - Continued
1. The wall alternative, that is, the angular wall, not
the one paralleling the lot line.
2. The line indicated on the plan to be the eave line of
construction regardless of whether a carport or a
garage is constructed.
3. The nearest point of the structure to the lot line is
to be limited to three feet.
4. The utility easement users are to authorize intrusion
into the easement in writing for the Building Permits
office when filing for the building permit.