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.