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Z-8690 Staff AnalysisAUGUST 29, 2011 ITEM NO.: 8 File No.: Owner: Applicant: Address: Description: Zoned: Glenn A. Hickman, Jr. Terry Burruss 2012 W. 191h Street North side of W. 19th Street, between Schiller and Summit Streets Variance Requested: A variance is requested from the area provisions of Section 36-255 to allow construction of a new duplex with reduced front setback. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Undeveloped Proposed Use of Property: Duplex Structure A. Public Works Issues: No Comments B. Staff Analysis: The R-4 zoned property located at 2012 W. 19th Street is currently undeveloped and partly grass covered. A small asphalt parking pad exists near the northeast corner of the lot. An alley right-of-way is located along the east property line. The property is comprised of parts of Lots 8 through 11, Block 3, Moore and Penzel Addition, and is considered a legal lot of record as it has existed in this configuration for a number of years. The applicant is proposing to construct a two-story duplex structure on the lot, as noted on the attached site plan. The proposed duplex will have an upstairs and downstairs unit. An enclosed stairway is located at the northwest corner of the structure. A two-story unenclosed porch will be located on front of the residence. The front porch portion of the structure will be located 5 feet- 7 inches back from the front (south) property line, with the main front wall of the structure being 13 feet-7 inches back from the front property line. It will be located approximately five (5) feet back from both the east and west side property lines. The stairway section of the home will be located 26 feet back from the rear (north) property line, with the main rear wall of the structure being 44 feet back from the rear property line. Four (4) paved parking spaces are proposed at the northeast corner of the lot, with access from the alley right-of-way. AUGUST 29, 2011 ITEM NO.: $ CON'T. Section 36-256(d)(1) of the City's Zoning Ordinance requires a minimum front setback of 25 feet for R-4 zoned lots. Therefore the applicant is requesting a variance to allow a reduced front setback for the proposed duplex structure. Staff is supportive of the requested front setback variance. Staff views the request as reasonable. The combination of the lot having a relatively shallow depth of 87 feet and the fact that at least three (3) off-street parking spaces must be provided for a duplex, creates the issue of reduced setback. The legal lot of record having a front yard along W. 191h Street is in contrast with most of the other lots along W. 19th Street which have side yards along the roadway. Thus is the case with the residence immediately to the west. Its setback from the W. 19t`' Street property line is similar to the setback proposed. Additionally, other structures to the east and west along W. 19th Street have similar setbacks. Staff feels that pulling the structure toward the front property line with parking in the rear yard area represents the best option for development of this lot. Staff believes the reduced front setback as proposed is compatible with other structures in the area, and will have no adverse impact on the adjacent properties or the general area. C. Staff Recommendation: Staff recommends approval of the requested front setback variance, subject to the front porch portion remaining unenclosed on its south, east and west sides. BOARD OF ADJUSTMENT: (AUGUST 29, 2011) Terry Burruss was present, representing the application. There were three (3) objectors present. Staff presented the application with a recommendation of approval. Terry Burruss addressed the Board in support of the application. He explained the reasons for requesting the front setback variance. He noted that the reduced front setback was a better option than locating the parking in the front yard area. Bonnie Jones, of 1872 Schiller Street, addressed the Board in opposition. She explained that the lot was not very large, and that there was not enough room for the duplex structure. Sylvia Craig, of 2122 W. 19th Street, also spoke in opposition. She explained that there was a problem with parking in the area. She noted that the lot owner also owned a house in the 1800 block of Schiller Street. She questioned what the owner was going to use the duplex for. Barbara Jones, of 2119 W. 19th Street, also spoke in opposition. She also questioned what the duplex structure would be used for. She also discussed parking in the area. Jeff Yates noted that the issue before the board was a request for reduced front setback, not a use issue. Staff noted that the property was zoned for a duplex and the applicant was providing four (4) off-street parking spaces, one (1) more than required by AUGUST 29, 2011 ITEM NO.: 8 CON'T. ordinance. Chairman Winchester noted that pulling the structure closer to the front property line allowed the area for parking in the rear yard area. Mr. Burruss explained how the duplex would be constructed. He noted that the property owner would occupy the second floor as his personal residence. There was a motion to approve the application, as recommended by staff. The motion passed with a vote of 5 ayes, 0 nays and 0 absent. The application was approved.