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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.