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Z-8772 Staff AnalysisMAY 21, 2012 ITEM NO.: 5 File No.: Z-8772 Owner: Hometex-Pulaski, LLC/Doug Loftin Applicant: Jonathan Hope Address: 35 Mountain Vista Drive Description: Lot 42, Vista Pointe Addition Zoned: R-2 Variance Requested: A variance is requested from the building line provisions of Section 31-12 to allow the porch of a residence to cross a side platted building line. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Single Family Residence — Under Construction Proposed Use of Property: Single Family Residential STAFF REPORT A. Public Works Issues: No Comments B. Staff Analysis: The R-2 zoned property at 35 Mountain Vista Drive is occupied by a one-story single family residence which is under construction. The property is at the southeast corner of Mountain Vista Drive and Summit View Drive. At the time of staffs inspection of the property, the residence had been framed and roofed. There is a three -car wide driveway from Summit View Drive, which extends to a garage on the north end of the residence. The single family lot is platted front to back from north to south. There is a 25 foot platted front building line along the Summit View Drive frontage and a 25 foot platted side building line along the Mountain Vista Drive frontage. The new residence contains an unenclosed porch which extends across the 25 foot side platted building line by approximately 3.7 feet, resulting in a setback of 21.3 feet from the west side property line. The porch is unenclosed on its north, south and west sides. MAY 21, 2012 ITEM NO.: 5 CON'T. 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 unenclosed porch which crosses a side platted building line. Staff is supportive of the requested building line variance. Staff views the request as a reasonable. A mistake was made when the house was layed out on the site, with the porch left off the building plans. When the porch was added to the building footprint, it was realized that a building line encroachment had been created. All surrounding single family lots are undeveloped and wooded. These lots will be developed in the future with the requested building line encroachment in place. Staff feels that the building line encroachment is a relatively minor encroachment, and that the encroachment will have no adverse impact on the surrounding 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 side building line for the addition. 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 side platted building line as approved by the Board. 2. The porch on the west side of the residence must remain unenclosed on its north, south and west sides. BOARD OF ADJUSTMENT: (May 21, 2012) 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 4 ayes, 0 nays and 1 absent.