HomeMy WebLinkAboutZ-9364-A Staff AnalysisJANUARY 27, 2020
ITEM NO.: A
File No.:
Owner/Applicant:
Address:
Description:
Zoned:
Z -9364-A
Christopher and Charlotte Gomlicker
1801 N. Harrison Street
Northwest corner of N. Harrison Street and Cantrell Road
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
0
101
Public Works Issues.-
No
ssues:
No Comments.
Staff Anal sis:
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 {CCN'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.
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