HomeMy WebLinkAboutZ-2176-A 524 Midland St. BOA Staff ReportJuly 30, 2020
ITEM NO. 1 Z-2176-A
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File No.: Z-2176-A
Owners: Susan Barr and Ryan Harris
Applicant: Ryan Harris
Address: 524 Midland Street
Legal Description: Lot 4, Block 11, East Pulaski Heights Addition
Zoned: R-3
Present Use: Single-family Residence
Proposed Use: Single-family Residence
Variances Requested: Variance from setback and area provisions of Sec. 36-434.14
and Sec. 36-255 to allow a reduced single-family residential
side yard setback in the Hillcrest Design Overlay and R-3
Districts.)
Justification: The applicant’s justification is presented in a letter dated June
25, 2020 (attached.)
STAFF REPORT
A. Engineering Issues:
Planning and Development Civil Engineering –
If existing trees within the right-of-way adjacent to the subject property are proposed
to be removed, contact the Urban Forester, Robby Hudson (529-8733) for approval
prior to said removals.
Any damage to public and/or private property from construction activity on the
subject site shall be repaired by the responsible party and/or owner prior to
issuance of a certificate of occupancy.
Public Works –
The owner shall accept responsibility for any portion(s) of the existing rock wall and
associated materials or structures extending into Kavanaugh Boulevard right-of-
way.
B. Landscape and Buffer Issues:
The applicant’s June 25, 2020 letter states, “…the proposed plan was created with
the idea of reducing impact on green space. …We will not remove any trees for
construction, are in consultation with an arborist to minimize impact, and will be
planting several new trees once construction is complete.”
July 30, 2020
ITEM NO. 1 Z-2176-A
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C. Staff Analysis:
The R-3 zoned property located at 524 Midland Street is occupied by a two-story
single-family residence, to which a one-story addition northward is proposed. A two-
car concrete parking pad accessible via Midland Street exists, also on the north side
adjacent to Kavanaugh Boulevard, to be replaced by a covered carport as part of
the proposed home renovation. Immediately north of the existing parking pad is a
70-foot long by roughly three-foot high stone retaining wall generally coinciding with
the Kavanaugh right-of-way line (portions of said wall lie on either side of said line.)
The existing and proposed finished floor elevations are approximately 4.5 feet below
the adjacent Kavanaugh Boulevard pavement elevation.
Both requested variances pertain to the intent of expanding the existing structure
northward, to encroach upon the north side yard setback. No encroachment is
proposed upon the east, south or west setback lines.
Hillcrest Design Overlay District (DOD) - Sec. 36-434.14.C.6. states, “…the street
side yard setback shall be within ten (10) percent of the adjoining residential principal
structure but no structures shall be built within the minimum front or side yard
setbacks.”
The site plan depicts the adjoining structure, west of the subject property, as ten feet
from the side (Kavanaugh Street) property line; the allowable ten percent reduction
of this distance results in a nine-foot setback. Therefore, the encroachment into the
nine-foot side yard by the proposed home expansion is 2.4 feet (6.6 feet from the
property line.) The encroachment into the same nine-foot side yard by the open
carport addition is 6.7 feet (2.3 feet from the property line.)
R-3 District - Section 36-255(d)(2) states, “There shall be a side yard on each side
of the building having a width of not less than ten (10) percent of the average width
of the lot, not to exceed five (5) feet.”
Again, the proposed home expansion is 6.6 feet from the property line at its closest
point (no encroachment into the 5-foot setback.) The encroachment into the side
yard by the carport addition is 2.3 feet from the property line at its closest point (2.7-
foot encroachment into the 5-foot setback.)
Summary - The expanded single story will encroach upon the nine-foot DOD
setback by 2.4 feet at its greatest point and will not encroach upon the R-3 setback.
The open carport will encroach upon the nine-foot DOD setback by 6.7 feet and will
encroach upon the R-3 setback by 2.7 feet.
The curvature of Kavanaugh Boulevard effectively reduces the “buildable area” of
the subject site, a condition not of the applicant’s making. Also, the elevation
difference between the higher Kavanaugh Boulevard street surface and the lower
home site elevation reduces the visual scale of the existing structure as seen from
the public way and will have a similar mitigating effect on proposed improvements.
July 30, 2020
ITEM NO. 1 Z-2176-A
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The greatest encroachment (6.7 feet) will be imposed by the carport which, however,
will be open (no walls) and will remain separated from the street by the existing stone
retaining wall.
Overall, the proposed encroachments are not out of context by Hillcrest
development standards, where numerous structures encroach established
setbacks, near to and in some cases upon ad jacent property lines and streets. No
objections to the proposed improvements by neighboring property owners are
known as of this writing. Staff views the two variance requests as reasonable and
is supportive for the above-stated reasons.
While detailed plant material review is not a component of this report, the applicant’s
assertion in Section A above is noted; good faith effort to “minimize impact” and
“plant several new trees” is expected.
D. Staff Recommendation:
Staff recommends approval of the requested side yard setback variances, per the
findings in Sections A, B and C above and per the attached “Midland Survey”
dated June 23, 2020, with the following conditions:
1. Covered carport shall remain unenclosed on its east, north and west sides.
2. The owner shall accept responsibility for any portion(s) of the existing rock wall
and associated materials or structures extending into Kavanaugh Boulevard
right-of-way.
Note:
Prior to any work in the Kavanaugh Boulevard right-of-way, contact Planning &
Development Civil Engineering [Vince Floriani, PE (501)371-4828.]