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HomeMy WebLinkAboutZ-9027-A Staff AnalysisJANUARY 25, 2016 ITEM NO.: 3 File No.: Z -9027-A Owner: Rush F. Harding, IV Applicant: Joe White, White-Daters & Associates Address: 5800 Hawthorne Road Description: Northwest corner of Hawthorne Road and N. Pierce Street Zoned: R-2 Variance Requested: Variances are requested from the area provisions of Section 36-156, the building line provisions of Section 31-12 and the fence provisions of Section 36-516 to allow a swimming pool with reduced street side setback and which crosses a side platted building line, and a fence which exceeds the maximum height allowed. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Single Family Residential Proposed Use of Property: Single Family Residential STAFF REPORT A. Public Works Issues: No Comments. B. Staff Analysis: The R-2 zoned property at 5800 Hawthorne Road is occupied by a two-story frame single family residence which is under construction. The property is located at the northwest corner of Hawthorne Road and N. Pierce Street. A two -car wide driveway from N. Pierce Street will be located at the northeast corner of the lot, which will serve a garage at the north end of the residence. The property contains a 25 foot front platted building line from the south (Hawthorne Road) property line and a 7.5 foot side platted building line from the east (N. Pierce Street) property line. On April 27, 2015 the Board of Adjustment unanimously approved a rear setback variance for the residence which is under construction. A rear setback of 15 feet from the north property line was approved, subject to there being no accessory/ detached buildings constructed on the site. JANUARY 25, 2016 ITEM NO.: 3 (CON'T The applicant is now requesting to construct an in -ground pool along the east side of the building, as noted on the attached site plan. The proposed pool will be mostly tucked into an outdoor patio area/indention, near the center of the residence. The pool will be located 3.2 feet back from the east street side property line, crossing the side platted building line by approximately 4.3 feet. The pool will be located six (6) feet to 11 feet back from the residence. As part of the pool project, a six (6) foot high wood fence (with brick columns) will be constructed along the east property line, around the pool area, also noted on the attached site plan. Section 36-156(a)(2)c. of the City's Zoning Ordinance requires a minimum street side setback of 15 feet for accessory structures in R-2 zoning. Section 36-516 (e)(1)a. allows a maximum fence height of four (4) feet for fences located between a building setback line and a street right-of-way. Section 31-12(c ) of the Subdivision Ordinance requires that building line encroachments be reviewed and approved by the Board of Adjustment. Therefore, the applicant is requesting variances from these ordinance standards to allow the pool with a reduced street side setback and side platted building line encroachment, and the fence around the pool area with increased height. Staff is supportive of the requested variances. Staff views the request as reasonable. With respect to the previous condition of approval, it is staffs opinion that the condition was to prohibit accessory structures in the rear yard area and not a side yard area, given the fact that only a rear setback variance was requested and approved. The majority of the pool is located in an area that complies with the principal structure setbacks. Additionally, the proposed pool will have very little visibility from surrounding properties with the construction of a screening fence. The proposed fence will not be out of character with other fences in the neighborhood which are located within street side setback areas. Staff believes the proposed pool and fence will have no adverse impact on the adjacent properties or then general area. If the Board approves the building line variance, the applicant will have to complete a one -lot replat reflecting the change in the platted side building line for the pool. The applicant should review the filing procedure with the Circuit clerk's office to determine if the replat requires a revised Bill of Assurance. C. Staff Recommendation: Staff recommends approval of the requested setback, building line and fence variances, subject to completion of a one -lot replat reflecting the change in the side platted building line as approved by the Board. 2 JANUARY 25, 2016 ITEM NO.: 3 (CON'T.) _ BOARD OF ADJUSTMENT (January 25, 2016) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval as outlined in the "staff recommendation" above. There was no further discussion. The item was placed on the consent agenda and approved as recommended by the vote of 5 ayes, 0 noes and 0 absent.