HomeMy WebLinkAboutZ-9241 Staff AnalysisAUGUST 28, 2017
ITEM NO.: D
File No.: Z-9241
Owner: Robert and Kathryn Seely
Applicant: Carolyn Lindsey Polk
Address: 5702 Scenic Drive
Description: Lot HR, Block 2, East Palisades Addition
Zoned: R-2
Variance Requested: Variances are requested from the area provisions of Section
36-254 and the building line provisions of Section 31-12 to
allow a carport addition with a reduced front setback and
which crosses a front platted building line.
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
0
Public Works Issues:
No Comments
Staff Analysis:
The R-2 zoned property located at 5702 Scenic Drive is occupied by a two-story
frame single family residence. The property is located on the north side of Scenic
Drive, west of N. Taylor Street. The property has a severe slope downward from
front to back (south to north). An elevated drive and parking pad exists at the
southeast corner of the lot. The lot contains a 25 foot front platted building line.
The applicant proposes to construct a 22 foot by 30 foot carport cover over the
existing elevated parking pad, as noted on the attached site plan. The proposed
carport will be located five (5) feet back from the front (south) property line and 8.5
feet back from the east side property line. The carport structure will be located 10
feet back from the street curb. The structure will encroach across the 25 foot front
platted building line by approximately 20 feet.
Section 36-254(d)(1) of the City's Zoning Ordinance requires a minimum front
setback of 25 feet. Section 31-12( c) of the Subdivision Ordinance requires that
building line encroachments be reviewed and approved by the Board of Adjustment.
AUGUST 28, 2017
ITEM NO.: D ICON'T.
Therefore, the applicant is requesting variances from these ordinance standards to
allow the carport addition with reduced front setback and which crosses a front
platted building line.
Staff does not support the requested front setback and building line encroachment
variances as filed. Staff does not view the request as reasonable. The residence
has existed with no covered parking since it was constructed. Staff does not believe
that the front encroachment is in keeping with the character of the neighborhood.
There are no similar encroachments on the properties immediately east and west of
the subject property. The property at 5804 Scenic Drive, referenced by the
applicant, does have a porte cochere which encroaches into the front setback, but
the width of the porte cochere is only nine (9) feet. Staff believes the proposed 30
foot wide covered structure, as proposed by the applicant, will have a significant
negative visual impact on the adjacent properties and is not compatible with the
overall 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 front building line for the addition.
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 denial of the requested front setback and building line variances,
as filed.
BOARD OF ADJUSTMENT
(July 31, 2017)
Staff informed the Board that on July 28, 2017 the applicant submitted a letter to staff
requesting the application be deferred to the August 28, 2017 agenda. Staff supported
the deferral request.
The item was placed on the Consent Agenda and deferred to the August 28, 2017 agenda
by a vote of 3 ayes, 0 noes and 2 absent.
Staff Update:
On August 8, 2017, the applicant submitted a revised site plan to staff. The revised
plan decreases the size of the proposed carport addition and increases the
requested front setback for the addition. The proposed carport addition has been
revised from 22 feet by 30 feet to 20 feet by 22 feet -2 inches in area. The proposed
front setback is now 6.5 feet. The applicant is also proposing a small arbor structure
over the front door of the residence. A revised site plan and elevations have been
provided for Board review. Additionally, the applicant has submitted letters of
support from the two (2) adjacent property owners (5700 and 5704 Scenic Drive).
2
AUGUST 28, 2017
ITEM NO.: D CON'T. Z-9241
Staff is supportive of the revised plan for the carport addition. The proposed carport
has been reduced in size by approximately 33 percent, with an increased front
setback. The unenclosed addition is being proposed over an existing parking
structure. The parking area is considered part of the residential structure because
it was constructed more than one (1) foot above the finished elevation of the lot.
Staff believes that with the addition remaining unenclosed, it should have no adverse
impact on the adjacent properties or the general area.
Revised Staff Recommendation:
Staff recommends approval of the revised site plan for the carport addition, subject
to the following conditions:
1. The carport addition must remain unenclosed on its east, west and south
sides.
2. The owner of the property at 5702 Scenic Drive must remove the carport
structure if the area is ever needed for future street/utility widening.
3. A one -lot replat must be completed reflecting the change in the front platted
building line as approved by the Board.
BOARD OF ADJUSTMENT
(August 28, 2017)
The applicant was present. There were no objectors present. Staff presented the item
and a recommendation of approval as outline in the "staff recommendation" above. There
was no further discussion. The item was placed on the Consent Agenda and approved
as recommended by a vote of 4 ayes, 0 noes, 0 absent and 1 recusal (Lindsey -Polk).