HomeMy WebLinkAboutZ-9527 13916 Fern Valley Lane BOA Staff RptSeptember 3, 2020
ITEM NO. Z-9527
1
File No.: Z-9527
Owner: Geoffrey Muller
Applicant: Elizabeth Muller
Address: 13916 Fern Valley Lane
Legal Description: Lot 1, Block 13, Woodland’s Edge
Zoned: R-2
Present Use: Single-family Residence
Proposed Use: Single-family Residence
Variance(s) Requested: A variance is requested from the area provisions of Sec. 36-
156(2)(b) to reduce the required distance between single-
family residence and accessory structure from 6 feet to 4 feet
(for in-ground swimming pool).
Justification: The applicant’s justification is presented in letter submitted at
time of July 22, 2020 application (attached.)
STAFF REPORT
A. Engineering Issues:
No Comments.
B. Staff Analysis:
The R-2 zoned property located at 13916 Fern Valley Lane is occupied by a one-
story single-family residence, to which an in-ground swimming pool is proposed to
be added as an accessory use. The rear yard is unusually narrow, according to the
applicant’s letter, with an existing retaining wall close to the property boundary. Also,
according to the applicant letter, the dimensions of the in-ground swimming pool are
9ft x 24ft with one continuous flat surface (4ft) between the exterior wall of the
residence and the edge of the pool. There are no additional accessory buildings or
structures in the rear yard.
A large concrete automobile parking pad exists in the front yard, according to the
applicant’s letter, to be partially removed at the time of the proposed home
renovation. Also according to the applicant letter, sidewalk from the front entrance
will be extended to the back of the Hawthorne Rd. curb, and the existing turfed lawn
area will increase.
The requested variances pertain to: reducing separation of the accessory structure
from the primary structure from 6 feet to 4 feet.
expanding the existing front porch covering [with no proposed second story above
it] on the south side of the house; creating a bay window spanning the ground and
second floors, both within the front yard setback; and creation of a covered porte
cochere on the east side, within the side yard setback. An existing single-car-width
concrete driveway will extend from the front of the home to serve the porte cochere,
which will serve as a car port.
September 3, 2020
ITEM NO. Z-9527
2
Area Provision
Section 36-156(2)(b) states, “All single-and two-family residences shall be separated
from accessory structures by a distance of not less than six (6) feet.”
There shall be a front yard setback having a depth of
not less than twenty-five (25) feet.”
The existing front porch lies entirely within the front yard setback, and the applicant
wishes to cover it (not place a second floor over it) as part of the renovation project.
This porch will in its entirety extend 7.1 feet into the front yard. The covering of the
porch, the pre-existing condition, and the placement of porches in front yards is not
out of character with many homes in the Heights environs. The proposed bay
window will extend only approximately 3 feet into the front yard setback, less than
the existing/proposed porch.
Side Yard
Section 36-254(d)(2) states, “There shall be a side yard set-back 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 eight (8) feet.”
The proposed 7.7-foot wide car port, or porte cochere, will extend eastward into the
5-foot sideyard by 2 feet, leaving 3 feet unencumbered. The car port will not be
enclosed and will remain separated from the adjacent property by an existing privacy
fence. Said side encroachment, as well as the proposed side carport, will be similar
to numerous nearby properties.
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.
Additional Consideration
Section 30-43(a)(2)a. states, “No driveway shall be constructed within five (5) feet
of a line drawn from the point of intersection of a property line with the right-of-way
line of a street and perpendicular to the centerline of the street, except where
property abuts an alley the minimum distance shall be ten (10) feet.”
This existing driveway lies just over one foot from the east property line (extended,)
yet poses no interference with the adjacent property to the east and is, therefore,
approved as a non-conforming existing condition.
C. Staff Recommendation:
Staff recommends approval of the requested/submitted front yard and side yard
setback variances, per survey/site plan submitted by applicant on May 12, 2020,
with the following conditions:
• Covered front porch shall remain unenclosed on its east, south and west sides.
September 3, 2020
ITEM NO. Z-9527
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• Porte cochere shall be unenclosed on its north, east and south sides.
Note:
Prior to any work in the Hawthorne Road right-of-way, plans for parking slab
renovation and/or sidewalk construction must be submitted and approved by
Planning & Development Engineering. Contact Vince Floriani, PE (501)371-4828.