HomeMy WebLinkAboutZ-9626 Analysis -23 Applegate Court - BOA Staff RptDECEMBER 16, 2021
ITEM NO. 1 Z-9626
1
File No.: Z-9626
Owners: Alfred Walker Sr.
Applicant: Alfred Walker
Address: 23 Applegate Ct
Legal Description: ????? No Survey
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 front yard setback in the R-2 district.
Request from the area regulations of Sec. 36-513 to allow a
driveway to exceed the 20-foot width limitation.
Justification: No letter of Intent
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 located in the southeast part of the city, west of Scott
Hamilton Drive, and south of Ballinger Rd. The subject property is in the Applegate
subdivision at 23 Applegate Ct and occupied by a one-story single-family brick and
frame home. The property is located on the south side of the street with drive access
on the west side of the property. The adjacent and surrounding properties are also
occupied by single family residences.
DECEMBER 16, 2021
ITEM NO. 1 Z-9626
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The applicant has stated that approximately 17 years ago they installed a steel
structure to the front of their home over the existing drive to provided covered off
street parking. This structure is approximately 40-feet in length and 20-feet in width
and attached to the primary structure. The northern edge of this garage is placed
approximately 7-feet from the street curb. This was brought to the attention to the
Department Planning and Development, Zoning and Code Enforcement recently
issued (need date) a Courtesy Notice to remove or obtain a variance for this
nonconforming structure.
Need Notice of Violation
Prior to the steel structure being installed a single lane drive provided off street
parking. As indicated by the other homes near the subject property these single lane
drives led to a one car garages, many of which have been converted to additional
living space. The subject property’s single lane drive has been extended in width to
approximately 30-feet to provide double loaded covered parking for 4 cars and an
additional off-street parking for 2-cars east of the garage structure.
The applicant is requesting that these existing nonconforming structures to remain
Need Survey to verify any platted building lines. If platted building lines are indicated a
variance may be required from the following.
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 applicant requests a variance to allow a reduction of the
35-foot platted front building setback to10-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 a variance to
allow a reduction of the required front yard setback to (?). to retain the
nonconforming structure as installed on the property.
Sec. 36-513(d) states, “No person, including any owner, tenant, manager, or
occupant of property used as a residence, shall allow any person to, keep, store or
park any motor vehicle on any portion of a front yard or corner street side yard of
any property used as a residence, except on a paved surface or on an unpaved
designated driveway area and parking pad not to exceed twenty (20) feet in
width….”
Sec. 36-513(d)(1) states, “The twenty-foot width limitation shall not apply to a
paved driveway to a garage or carport, provided the paved driveway does not
exceed in width the width of the garage of carport;”
The existing drive does exceed the width of the nonconforming steel garage
structure. The applicant is requesting variance to allow the extension of the drive
into the public right-of-way as constructed which exceeds the maximum opening of
DECEMBER 16, 2021
ITEM NO. 1 Z-9626
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a residential driveway as stipulated in Sec. 30-43(2) “Layout and design generally”,
for the construction of curbs, driveways, and sidewalks. Therefore, the applicant is
requesting the nonconforming driveway be retained as built.
Based on the above assessment and analysis, Staff finds the requested variances
to be partially reasonable. In Staff' s opinion, the existing garage structure is out of
character with the surrounding homes and recommends the removal or relocation
of the building. In addition, Staff is also of the opinion the existing drive will pose no
negative effect upon the health, safety, or welfare of the general public, and does
not detract from the value or aesthetic of the neighborhood or surrounding
properties.
Provide following if platted building line is indicated.
If the Board approves the requested front yard setback 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 denial of the request to allow the nonconforming steel
structure to remain crossing the 25-foot front yard setback to a minimum of ?-
feet.
Staff recommends approval of the existing drive to remain exceeding the the 20-
foot width limitation to a maximum of 30-feet, as built