HomeMy WebLinkAboutZ-9164-B 2122 N. Palm St. BOA Staff RptJuly 30, 2020
ITEM NO. 2 Z-9164-B
File No.: Z-9164-B
Owner: Robert & Marilynn Palmer
Applicant: Jacob White Construction, Jacob White
Address: 2122 N. Palm Street
Description: Lot 6, Block 5, Country Club Heights Addition
Zoned: R-2
Variance Requested: A variance is requested from the area provisions of Section
36-254(d)(3) to allow a carport addition with a reduced rear
yard setback.
Justification: The applicant's justification is presented in an attached letter,
dated June 29, 2020.
Present Use of Property: Single Family Residential
Proposed Use of Property: Single Family Residential
STAFF REPORT
A. Engineering Issues:
No Comment.
B. Landscape and Buffer Issues:
No Comment.
C. Staff Analysis:
The R-2 zoned property located at 2122 N. Palm Street is occupied by a recently
renovated one-story single-family residence and is bounded on either side by
developed single family properties. An addition to the rear of the subject home was
completed in 2017/2018 (BOA Item No. Z-9164,) and a former accessory
structure/shed was removed from the rear yard as part of the project. The rear yard
consists predominantly of concrete pavement and is presently used for parking,
accessible via the paved alley adjacent to the rear (west) property line.
The applicant proposes to construct a 25-foot by 20-foot (500 SF) carport, attached
to the rear of the home and open on three sides. In September 2017, a variance
request for a 30-foot by 24-foot (720 SF) carport addition was approved by the Board
of Adjustment (BOA Item No. Z-9164-A,) although the owners chose not to proceed
with the improvements. The current variance request is now necessary because the
July 30, 2020
ITEM NO. 2 Z-9164-B
prior approval expired in late 2019. Notably, the presently requested carport
structure is roughly 30 percent smaller than previously approved by the Board, and
a small portion of the proposed carport will lie outside of the rear yard and is,
therefore, not subject to this analysis.
Section 36-254(d)(3) states, “There shall be a rear yard setback having a depth of
not less than twenty-five (25) feet.”
If the proposed carport were not attached to the home, it would be considered an
“accessory building” and would be permitted “by right” to occupy 30 percent of the
rear yard. The subject request proposes to occupy approximately 36 percent of the
rear yard, which staff regards, within this specific neighborhood context, as
negligible and in this case reasonable.
Furthermore, if an accessory (detached) garage structure were proposed upon the
subject site, a zero setback from the rear property line would be permitted due to the
presence of the adjacent alley right-of-way. The applicant proposes to construct the
carport six feet from the rear property line.
Staff is supportive of the requested variance to allow a reduced rear setback for the
proposed carport. The proposed encroachment is generally compatible with other
properties throughout the Heights neighborhood where new homes and additions,
alleyway garages and carports frequently occur.
C. Staff Recommendation:
Staff recommends approval of the requested rear yard setback variance, in
accordance with the above findings and the following conditions:
1. No accessory buildings or building additions other than those depicted as part of
this application are permitted.
2. The rear yard encroachment shall be no nearer than six feet (6’) to the rear
property line.
3. The proposed carport shall be open on three sides.