HomeMy WebLinkAboutFinal Minutes 12 24 20DECEMBER 17, 2020
ITEM NO. 3 Z-9549
1
File No.: Z-9549
Owner: Brad and Jodi Thomas
Applicant: Hope Consulting, Inc., Attn: Jonathan Hope
Address: 2909 North Pierce Street
Description: The South 10 feet of Lot 2, All of Lot 3, and the North 35 feet of
Lot 4, Block 10 Parkview Addition
Zoned: R-3 (Single-Family District)
Variance Requested: Variance from the area provisions of Section 36-156 to
permit more than 30% coverage of the rear yard for an
accessory building.
Justification: The applicant’s justification is presented in the attached letter
dated October 14, 2020.
Present Use: R-3
Proposed Use: R-3
STAFF REPORT
A. Planning and Development Civil Engineering:
No Comment.
B. Buffering and Landscape:
No Comment.
C. Building Codes:
No Comment.
D. Staff Analysis:
The R-3 zoned property is located in the Heights Overlay District at 2909 N. Pierce
Street and occupied by a two-story brick single family home. The adjacent and
surrounding properties are also occupied by single family resid ences. A driveway
located on Pierce Street serves as access. The rear yard is surrounded by an
existing privacy fence and there is a small accessory structure located in the
southeast corner of this backyard space. An existing deck is also attached to the
rear of the house.
The applicant is proposing to install an in -ground swimming pool/spa with an
associated pool deck in the rear yard. The rear yard space is approximately 2,375
square feet in area and is currently occupied with an existing 480 square foot
covered patio structure. The proposed pool and associated deck are indicated on
the site plan to provide an additional 1,037.4 square feet of non -permeable area.
With the existing structure and the proposed pool addition the backyard will be
comprised of approximately 64 percent of coverage exceeding the maximum code
allowance of 30 percent.
DECEMBER 17, 2020
ITEM NO. 3 Z-9549
2
The deck of the proposed pool will be located 9 feet 3 inches from the north property
line with an approximate 7-foot-wide surface before reaching the pool edge. The
east edge of this proposed deck is 4 feet from the property line with an approximate
5-foot width before reaching the pool. There is a retaining wall on the north property
line varying in height from approximately 3 to 6 feet with the subject property
occupying the higher elevation. The wall increases in height running from east to
west and then returns to grade at Pierce Street.
Sec. 36-156(a)(2)c states, “Accessory buildings or structures in the R -1 through R-
4A districts… may not occupy more than thirty (30) percent of the required rear
yard area... Swimming pools and all appurtenant structures both above ground and
below grade of adjacent yard area shall be construed to be accessory structures
and conform to the standards of this section …”
Staff is supportive of the requested variance. Staff views the rear yard coverage of
this existing small space as minor compared with the buildable capacity available to
the property owner. The proposed in-ground pool would have less of an impact on
the surrounding properties than an above ground structure. This proposal is similar
to other neighborhood installations, the additional backyard coverage cannot be
viewed from neighboring properties, and presents no foreseeable adverse effects to
the neighboring residences.
E. Staff Recommendation
Staff recommends approval of the requested coverage variance per the attached
site plan, subject to a building permit being obtained for all construction.
Board of Adjustment (December 17, 2020)
The applicant was present. There were no persons present registered in opposition. Staff
presented the item and a recommendation of approval as outlined in the “Staff
Recommendation” above. There was no further discussion.
There was a motion to approve the application as recommended by staff. The motion was
Seconded. The vote was 5 ayes, 0 noes, and 0 absent.