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HomeMy WebLinkAboutZ-9364 Staff AnalysisOCTOBER 29, 2018 ITEM NO.: 1 File No.: Z-9364 Owner/Applicant: Christopher and Charlotte Gomlicker Address: 1801 N. Harrison Street Description: Northeast corner of N. Harrison Street and Cantrell Road Zoned: R-2 Variance Requested: Variances are requested from the area provisions of Section 36-156 to allow an accessory structure with reduced street side setback and increased rear yard coverage. 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 /1 Public Works Issues: No Comments. Staff Anal sis: The R-2 zoned property located at 1801 N. Harrison Street is occupied by a one- story brick single family residence. The property is located on the northeast corner of N. Harrison Street and Cantrell Road. A small one -car wide garage is located within the rear yard area, near the east (rear) property line. Access to the garage is from an alley right-of-way which runs along the east (rear) property line. The elevation of the property is approximately two (2) feet above the grade of Cantrell Road. The applicants propose to construct a new 24.2 foot by 27 foot garage within the rear yard area, as noted on the attached site plan. The proposed garage structure will be located eight (8) feet back from the rear (east) property line and 8.5 feet back from the south street side property line. The proposed garage will be located approximately 29 feet from the residence, and will cover approximately 39 percent of the required rear yard area (rear 25 feet of the site). Access to the garage will continue to be from the alley right -of way. Section 36-156(a)(2)c. of the City's Zoning Ordinance requires that accessory structures in residential zones be located at least 15 feet back from street side property lines. This section also allows a maximum rear yard coverage of 30 percent of the required rear yard area (rear 25 feet of the lot). Therefore, the applicant is OCTOBER 29, 2018 ITEM NO.: 1 (CON'T. Z-9364 requesting variances from these ordinance requirements to allow the new accessory garage structure. Staff is supportive of the requested street side setback and rear yard coverage variances. Staff views the request as reasonable. The proposed accessory garage structure will not be out of character with other accessory structures located along the alley right-of-way in this area. Access to the proposed garage will be from the alley right-of-way, so the reduced street side setback should be sufficient. Additionally, the proposed 39 percent rear yard coverage will be similar to other accessory structures in this general area. The residential properties a short distance to the south, within the Hillcrest DOD, are allowed 40 percent rear yard coverages for accessory structures. Staff believes the proposed accessory garage structure with decreased street side setback and increased rear yard coverage will have no adverse impact on the adjacent properties or the general area. C. Staff Recommendation: Staff recommends approval of the requested street side setback and rear yard coverage variances, as filed. Board of Adjustment (October 29, 20 18) 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 staff, including all staff comments and conditions. The vote was 4 ayes, 0 noes, 0 absent and 1 open position. 2 JANUARY 27, 2020 ITEM NO.: A File No.: Z -9364-A Owner/Applicant: Christopher and Charlotte Gomlicker Address: 1801 N. Harrison Street Description: Northwest corner of N. Harrison Street and Cantrell Road Zoned: R-2 Variance Requested: Variances are requested from the area provisions of Section 36-156 to allow an accessory structure with reduced side setback and increased rear yard coverage. 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 Q 1:3 blic Works Issues: No Comments. Staff Analysis: On October 29, 2018, the Board of Adjustment approved the applicant's request to allow construction of a 24.2 foot by 27 foot garage within the rear yard area of this lot. The garage was proposed to be located eight (8) feet from the rear property line and 8.5 feet from the street side (Cantrell) property line. The garage was to cover 39 percent of the required rear yard area. Section 36-156(a)(2)c. of the City's Zoning Ordinance requires that accessory structures in residential zones be located at least 15 feet from street side property lines. This same section also allows a maximum rear yard coverage of 30 percent. Staff supported the requested variances as not being out of character for the neighborhood. It was also noted that the Hillcrest DOD, located not far to the south, allowed 40 percent rear yard coverage. The structure has been constructed as approved. It was subsequently discovered by staff that the applicants added a 9.7 foot by 21.4 foot unenclosed, lean-to cover onto the north side of the new garage building. The addition is built to within Y2 foot of the north side property line. The code requires a three (3) foot side yard. JANUARY 27, 2020 ITEM NO.: A CON'T.) Z -9364-A The addition has also increased the rear yard coverage to 56 percent, well above the allowable 30 percent and the 39 percent previously granted by the Board. Staff is not supportive of this new variance request. Although the lean-to addition is unenclosed, the resulting rear yard coverage substantially exceeds the prior Board approval and exceeds the rear yard coverage that is typical for the area. Additionally, the slope of the roof and its proximity to the side property line may result in water run-off onto the neighboring property. C. Staff Recommendation: Staff recommends denial. Board of Adjustment (December 9, 2019) Staff informed the Board that the applicant requested this application be deferred to the January 27, 2020 agenda. Staff supported the deferral request. The item was placed on the consent agenda and deferred to the January 27, 2020 agenda. The vote was 5 ayes, 0 noes and 0 absent. Board of Adjustment (January 27, 2020) Christopher Gomlicker was present, representing the application. There were no objectors present. Staff presented the application with a recommendation of denial. Christopher Gomlicker addressed the Board in support of the application. He presented a letter of support from the property owner immediately to the north. He noted that the neighbor was supportive of a gutter being placed on the north side of the lean-to structure. He explained that the size of the proposed accessory structure was not out of character with the neighborhood, and was smaller than other structures in the area. Chairman Allison expressed concern with the proposed zero (0) side setback and asked if the lean-to structure could be pulled back. Mr. Gomlicker noted that it could be cut back. Carolyn Lindsey Polk also expressed concern with the proposed setback. She noted that the Board could typically support a 1.5 foot side setback, including overhang. Mr. Gomlicker revised the application to provide a minimum 1.5 foot side setback (including overhang) with guttering provided to prevent water run-off onto the adjacent property to the north. There was a motion to approve the reduced side setback variance, as revised by the applicant, subject to the lean-to structure remaining unenclosed on its north, east and west sides. The motion passed by a vote of 4 ayes, 0 nays and 1 absent. The revised application was approved. 2