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Z-8791 Staff AnalysisJULY 30, 2012 ITEM NO.: 11 File No.: Z-8791 Owner/Applicant: Randy Wright Address: 12 Bluestem Cove Description: Lot 36, Block 13, Woodland's Edge Addition Zoned: R-2 Variance Requested: Variances are requested from the area provisions of Section 36- 254 and the building line provisions of Section 31-12 to allow front steps and rear porch with reduced setbacks and front steps which cross a front 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 Residence STAFF REPORT A. Public Works Issues: No Comments B. Staff Analysis: The R-2 zoned property at 12 Bluestem Cove is occupied by a two-story brick single family residence which is under construction. A two -car wide driveway from Bluestem Cove at the northwest corner of the property will serve as access. The lot contains a 25 foot front platted building line. The property backs up to a protected/platted green belt which is approximately 40 feet wide, running along the rear (east) property line. The applicant plans to construct four (4) steps leading to the front entry area and a partially covered wood deck on the rear of the house, as noted on the attached site plan. The front steps will be located 22.5 feet back from the front (west) property line, crossing the front platted building line by approximately 2.5 feet. The steps will be uncovered and unenclosed. The proposed wood deck will be located 12.5 feet back from the rear (east) property line. The deck will be partially covered and unenclosed. Steps will be located on the north end of the deck structure. Section 36-254(d)(1) of the City's Zoning Ordinance requires a minimum front setback of 25 feet. Section 36-254(d)(3) requires a minimum rear setback of 25 feet. However, in this case, the lots in Woodland's Edge which back up to green JULY 30, 2012 ITEM NO.: 11 (CON'T. belts were platted with minimum rear setbacks of 15 feet. 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 variances from these ordinance standards to allow the steps and deck with reduced front and rear setbacks and which crosses a front platted building line. Staff is supportive of the requested setback and building line variances. Staff views the variances as very minor in nature. The proposed steps will encroach only approximately 2.5 feet across the front platted building line. Also, the proposed deck will encroach into the required rear setback by only 2.5 feet. The residential lot has a relatively shallow depth, ranging from approximately 100 feet to 115 feet. This is partially due to the curvature of the cul-de-sac which pushes into the lot depth near the center of the lot. Additionally, the lots in this area were platted with a shallower lot depth in order to provide protected green belts behind the lots. A number of the lots within this subdivision have been permitted with rear setbacks between 10 and 15 feet. Staff believes the proposed reduced rear setback is in line with what has been intended for this subdivision, and 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 front building line for the steps. 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 Recommendati Staff recommends approval of the requested setback and building line variances, subject to the following conditions: 1. Completion of a one -lot replat reflecting the change in the front platted building line as approved by the Board. 2. The steps must remain uncovered and unenclosed. 3. The rear portion of the deck must remain uncovered, with the entire deck remaining unenclosed. BOARD OF ADJUSTMENT: (July 30, 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 5 ayes, 0 nays and 0 absent. -e73 Because of lot elevations (slope) the Builder (Randy Wright Builders) needs to add 4 steps coming from the front porch down to the sidewalk. Also owners would like the stairs in the rear to fall off to the left of the property as shown in the proposed drawing. This would encroach across building line approximately 3 feet in the back and 40 inches in the front. There is a protected green area behind the house Enclosed is a letter from the developer showing they are aware of changes and have no concerns Rand Wright