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Z-8602 Staff AnalysisNOVEMBER 29, 2010 ITEM NO.: A File No.: Z-8602 Owner: Brian L. Lasley Applicant: Brian L. Lasley Address: 5905 N. Country Club Blvd. Description: Lot 73, Forest Heights Place Addition Zoned: R-2 Variance Requested: A variance is requested from the area provisions of Section 36-254 to allow construction of a new residence with reduced rear setback. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Undeveloped Lot Proposed Use of Property: Single Family Residential STAFF REPORT A. Public Works Issues: 1. Measures to control the increase in stormwater runoff from the increased impervious surface should be implemented to not damage adjacent property. B. Staff Analysis: The R-2 zoned property at 5905 N. Country Club Blvd. is comprised of a 60 foot wide vacant single family residential lot. The house which previously existed on the site has been removed. Site work has taken place in preparation for new home construction. The applicant is proposing to construct a new two-story single family residence on the site, as noted on the attached site plan. A one-story garage will be located in the rear yard area, near the southeast corner of the lot. The garage will be connected to the residence with a one-story veranda (covered patio area) which will be unenclosed on its east and west sides. A one -car wide driveway at the northwest corner of the lot will run along the west side of the residence and serve the garage structure. Because the garage portion is attached to the main (principal) structure, it is considered part of that structure and not an accessory structure. The garage portion will be located five (5) feet back from the rear (south) property line. The main portion of the residence will be located behind the NOVEMBER 29, 2010 ITEM NO.: A [CON'T. 25 foot front platted building line, with side setbacks ranging from 7.6 feet to 15.2 feet. Section 36-254(d)(3) of the City's Zoning Ordinance requires a minimum rear setback of 25 feet for this R-2 zoned lot. Therefore, the applicant is requesting a variance to allow the garage portion of the residence with a rear setback of five (5) feet. All other building setbacks conform with ordinance standards. Staff is supportive of the requested rear setback variance. Staff views the request as reasonable. If the garage were not connected to the principal structure by way of the proposed veranda, all proposed setbacks would conform to ordinance standards, with only a possible minor rear yard coverage variance. Therefore, the overall building massing on the lot as proposed is just slightly over what could be permitted by right. The proposed garage will have the appearance of being an accessory structure. Additionally, the nearest structures (accessory structures) on the lots immediately to the east and south will be located over nine (9) feet from the proposed garage structure. Staff feels there will be no issues with building separation. Staff believes the proposed residence, with reduced rear setback for its garage portion, will have no adverse impact on the adjacent properties or the general area. The overall building massing as proposed is not out of character with other properties in this neighborhood. C. Staff Recommendation: Staff recommends approval of the requested rear setback variance, subject to the following conditions: 1. The veranda portion of the residence must remain unenclosed on its east and west sides. 2. There are to be no accessory buildings constructed on the site. 3. Compliance with the Public Works requirement as noted in paragraph A. of the staff report. BOARD OF ADJUSTMENT: (OCTOBER 25, 2010) The applicant was present. There were no objectors present. Staff noted that the applicant had agreed to defer the application to the November 29, 2010 agenda, based on the fact there were only three (3) Board members present. Staff supported deferral of the application The item was placed on the Consent Agenda and deferred to the November 29, 2010 agenda with a vote of 3 ayes, 0 nays, 1 absent and 1 open position. The applicant left the meeting prior to the Consent Agenda vote. NOVEMBER 29, 2010 ITEM NO.' A (CON'T. BOARD OF ADJUSTMENT: (NOVEMBER 29, 2010) Brian Lasley was present, representing the application. There were no objectors present. Staff presented the application, with a recommendation of approval, with conditions. Staff explained that the proposed rear yard setback had been increased from five (5) feet to seven (7) feet. Vice -Chairman Smith discussed the issue of the veranda connection. He explained that he had a problem with approving the requested variance with no unusual circumstances/hardship. There was a motion to approve the application, as recommended by staff. The motion passed by a vote of 3 ayes, 1 noe, 0 absent and 1 open position. The application was approved. NOVEMBER 29, 2010 ITEM NO.: A File No.: Z-8602 Owner: Brian L. Lasley Applicant: Brian L. Lasley Address: 5905 N. Country Club Blvd, Description: Lot 73, Forest Heights Place Addition Zoned: R-2 Variance Requested: A varlance Is requested from the area provisions of Section 36-254 to allow construction of a new residence with reduced rear setback. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Undeveloped Lot Proposed Use of Property: Single Family Residential STAFF REPORT A. Public Works issues: t . Measures to control the Increase in stormwater runoff from the increased impervious surface should be implemented to not damage adjacent property. B. Staf� f Anah/sls: The R-2 zoned property at 5905 N. Country Club Blvd. Is comprised of a 60 foot wide vacant single family residential lot. The house which previously existed on the site has been removed. Site work has taken place in preparation for new home construction. The applicant Is proposing to construct a new two-story single family residence on the site, as noted on the attached site plan, A one-story garage will be located in the rear yard area, near the southeast corner of the lot. The garage will be connected to the residence with a one-story veranda (covered patio area) which will be unenclosed on Its east and west sides. A one -car wide driveway at the northwest.corner of the lot will run along the west side of the residence and serve the garage structure, Because the garage portion is attached to the main (principal) structure, It Is considered part of that structure and not an accessory structure. The garage portion will be located five (5) feet back from the rear (south) property line, The main portion of the residence will be located behind the NOVEMBER 29, 2010 ITEM No.: A CON'T. 25 foot front platted building line, with side setbacks ranging from 7.6 feet to 15.2 feet. Section 36-254(d)(3) of the City's Zoning Ordinance requires a minimum rear setback of 25 feet for this R-2 zoned lot. Therefore, the applicant is requesting a variance to allow the garage portion of the residence with a rear setback of five (5) feet. All Daher building setbacks conform with ordinance standards. Staff is supportive of the requested rear setback variance, Staff views the request as reasonable. If the garage were not connected to the principal structure by way of the proposed veranda, all proposed setbacks would conform to ordinance standards, with only a possible minor rear yard coverage variance. Therefore, the overall building massing on the lot as proposed is just slightly over what could be permitted by right. The proposed garage will have the appearance of being an accessory structure. Additionally, the nearest structures (accessory structures) on the lots immediately to the east and south will be located over nine (9) feet from the proposed garage structure, Staff feels there will be no Issues with building separation. Staff believes the proposed residence, with reduced rear setback for its garage!portion, will have no adverse impact on the adjacent properties or the general area. The overall building massing as proposed is not out of character with other -properties in this neighborhood. C. Staff Recommendation: Staff recommends approval of the requested rear setback variance, subject to the following conditions: 1. The veranda portion of the residence must remain unenclosed on its east and west sides. 2. There are to be no accessory buildings constructed on the site. 3. Compliance with the Public Works requirement as noted in paragraph A. of; the staff report. BOARD OF ADJUSTMENT: (OCTOBER 25, 2010) -- The applicant was present. There were no objectors present. Staff noted that the applicant had agreed to defer the application to the November 29, 2010 agenda, based on the fact there were only three (3) Board members present. Staff supported deferral of the application The item was placed on the Consent Agenda and deferred to the November 29, 2010 agenda with a mote of 3 ayes, 0 nays, 1 absent and 1 open position. The applicant left the meeting prior to the Consent Agenda vote. NOVEMBER 29, 2010 ITEM NO.. A OON T. BOARD OF ADJUSTMENT: (NOVEMBER 29, 2010) Brian Lasley was present, representing the application, There were no objectors present. Staff presented the application, with a recommendation of approval, with conditions. Staff explained that the proposed rear yard setback had been increased from five (5) feet to seven (7) feet. Vice -Chairman Smith discussed the Issue of the veranda connection. He explained that he had a problem with approving the requested variance with no unusual circumstances/hardship. There was a motion to approve the application, as recommended by staff. The motion passed by a vote of 3 ayes, 1 noe, 0 absent and 1 open position. The application was approved.