HomeMy WebLinkAboutZ-9581 Approved 052521MAY 20, 2021
ITEM NO. 5 Z-9581
1
File No.: Z-9581
Owners: Kelly Olson
Applicant: Yeary Lindsey Architects
Address: 2217 West Road
Legal Description: Lot 120, Westover Hills Addition
Zoned: R-2
Present Use: Single-family Residence
Proposed Use: Single-family Residence
Variance(s) Requested: A variance is requested from area regulations of Sec. 36-254
to allow a reduced rear yard and front yard setback in the R-2
district.
A variance is requested from the building line provisions of
Sec. 31-12 to allow a building addition which crosses a platted
side yard building line.
Justification: The applicant’s justification is presented as per the attached
letter dated March 22, 2020.
STAFF REPORT
A. Planning and Development Civil Engineering Comments:
No Comments.
B. Buffering and Landscape Comments:
No Comments.
C. Building Codes Comments:
No Comments.
D. Staff Analysis:
The R-2 zoned property at 2217 West Road is located within a predominantly R-2
zoned neighborhood. The parcel occupies the southeast corner of West Road and
Westover Drive with the home facing West Road. The survey indicates the lot to be
65 feet in width and 133.8 feet in length. A drive and attached garage are accessed
on the north side of the property.
MAY 20, 2021
ITEM NO. 5 Z-9581
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The applicant is proposing a new wrap around covered porch on the front and side
of the house which will face the adjacent streets right-of-way. A 30-foot platted
building line parallel with the west property line is indicated on the survey. The porch
addition is indicated to project past this building line 7 feet into the 30-foot platted
setback line leaving no less than 22.5 feet for a remaining front yard setback. This
setback would slightly increase as the addition progresses northward leaving
approximately 23 feet from the property line at the northwest corner of the addition.
The north side of the porch will be in compliance with the 10% side yard setback.
The applicant is also proposing to enclose the exiting garage on the east side of the
home to create an additional living space. As part of this request an expansion of
the home is being proposed to serve as a new 2-car garage. The proposed length
of the primary structure will be approximately 99 linear feet expanding into the rear
yard setback 19.7 feet. This will reduce a portion of the required 25-foot setback
width to 6 feet. If this were an accessory structure (detached) it would be permitted
in the rear yard with setbacks as narrow as three (3) feet and with no variance.
Section 36-254(d)(3) states “There shall be a rear yard setback having a depth of
not less than twenty-five (25) feet.“ Section 36-254(d)(1) states, “There shall be a
front yard setback having a depth of not less than twenty-five (25) feet.” Therefore,
the applicant requests variances to allow the extension of the primary structure into
the rear yard setback reducing the setback to no less than 6 feet and a reduction of
the front yard setback to 23-feet.
Section 31-12(b) of the City's Subdivision Ordinance states, " In those instances
where a recorded subdivision plat has established building setback lines in
accordance with this chapter variances of those lines shall only be granted by the
Board of Adjustment." The platted front building setback for the subject property is
30 feet, and the requested setback is 23 feet.
In Staff' s opinion, the proposed additions will pose no negative effect upon the
health, safety, or welfare of the general public, and will not detract from the value
or aesthetic of the neighborhood or surrounding properties.
If the Board approves the requested front platted building line variance, the
applicant must then produce a one-lot replat reflecting the approved change. As
such, the applicant must also review filing procedures with the County Clerk's
office to determine if the replat will require a revised Bill of Assurance and respond
as necessary and appropriate, as part of said replat.
E. Staff Recommendation:
Staff recommends approval of the requested rear yard setback reduction from 25
feet to a minimum of 6 feet, per the attached site plan.
Staff additionally recommends approval of the requested platted building line from
30 feet to a minimum of 22.5 feet, subject to the following condition:
MAY 20, 2021
ITEM NO. 5 Z-9581
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Completion of a replat reflecting the above-described building line change.