Z-8704 Staff AnalysisSEPTEMBER 26, 2011
ITEM NO.- 4
File No.: Z-8704
Owner: Bosley Construction
Applicant: Tim Daters, White-Daters and Associates
Address: 20 Stonecreek Court
Description: Lot 9, Stonecreek Village Addition
Zoned: R-2
Variance Requested: A variance is requested from the building line provisions of Section
31-12 to allow a covered patio which crosses a rear platted building line.
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:
No Comment
B. Staff Analysis:
The R-2 zoned property at 20 Stonecreek Court is currently undeveloped. Some
site work has taken place in the past in preparation for new home construction.
The lot is relatively shallow, ranging in depth from 75.92 feet to 94.15 feet. The lot
contains a 15 foot platted front setback, five (5) foot platted side setbacks and a 20
foot platted rear setback.
The applicant is proposing to construct a new single family residence on the lot, as
noted on the attached site plan. The foot print of the house will fall within the
platted buildable area, with the exception of a covered patio area. The applicant is
proposing a 10 foot by 16 foot covered patio on the rear (west) of the residence.
The covered patio will be located 10 feet back from the rear (west) property line.
The patio area will be unenclosed on its north, south and west sides.
Section 31-12(c) of the Subdivision Ordinance requires that building line
encroachments be reviewed and approved by the Board of Adjustment. Therefore,
the applicant is requesting a variance from this ordinance standard to allow the
covered patio which crosses a rear platted building line.
SEPTEMBER 26, 2011
ITEM NO.: 4 CON'T.
Staff is supportive of the requested building line variance. Staff views the request
as reasonable. Although the lot was platted with reduced front and rear setbacks
(from typical ordinance requirements), the relatively shallow lot depth greatly
decreases the amount of buildable depth and area. The lot is located within the
"bulb" of a cul-de-sac which reduces the lot depth to 75.92 feet (south property
line). Typical single family residential lot depths are in the 140 to 150 foot range.
As noted above, the main foot print of the proposed residence will comply with the
platted building lines. Staff believes the proposed building line encroachment for
the covered patio only will have no adverse impact on the adjacent properties or
the general area.
If the Board approves the building line variance, the applicant will have to complete
a one -lot replat reflecting the change in the platted rear building line for the
covered patio. The applicant should review the filing procedure with the Circuit
Clerk's office to determine if the replat requires a revised Bill of Assurance.
C. Staff Recommendation:
Staff recommends approval of the requested building line variance, subject to the
following conditions:
1. Completion of a one -lot replat reflecting the change in the rear platted
building line as approved by the Board.
2. The covered patio must remain unenclosed on its north, south and west
sides.
BOARD OF ADJUSTMENT: (September 26, 2011)
The applicant was present. There were no objectors present. Staff presented the
application with a recommendation of approval, with conditions.
The item was placed on the Consent Agenda and approved, as recommended by staff,
with a vote of 5 ayes, 0 nays and 0 absent.