HomeMy WebLinkAboutZ-9476 Staff AnalysisDECEMBER 9, 2019
ITEM NO.: 5
File No.: Z-9476
Owner: Jeff Fuller Homes, LLC
Applicant: Jeff Fuller
Address: 2819 N. Fillmore Street
Description: Lot 1, Block 16, Park View Addition
Zoned: R-3
Variance Requested: Variances are requested from the area provisions of Section
36-156 to allow an accessory structure with a reduced street
side setback and an increased rear yard coverage.
Justification: The applicant's justification is presented in an attached letter.
Present Use of Property: Single Family Residence (under construction)
Proposed Use of Property: Single Family Residential
STAFF REPORT
A. Public Works Issues:
No Comment
B. Staff Analysis:
A new single family residence is currently under construction on this R-3 zoned lot.
The house complies with all required setback. The applicant is proposing to
construct a detached, two -car garage in the rear yard area. The 227' X 23' garage
will occupy 45% of the required rear yard and is proposed to have a street side yard
setback of five (5) feet (aligning with the new house). Section 36-156 of the Zoning
Ordinance limits the rear yard garage to 30% and requires a street side yard
setback of 15 feet for accessory structures.
Staff is supportive of the requested variances. The lot is only 45 feet in width,
reducing the available rear yard area. A 22 x 23 garage is not much more than the
minimum needed to accommodate two vehicles. The resulting overall lot coverage
and massing is not out of character with the newer homes in this neighborhood.
Ampersand is a lightly traveled street. Allowing the reduced street side yard setback
so that the garage lines up with the house does not appear to have an impact on the
traffic or on other properties.
DECEMBER 9, 2019
ITEM NO.: 5 (CON'T.
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The property is located in the Heights Landscape Design Overlay District. However
the building permit was issued for the house prior to the effective date of the
ordinance and the DOD standards do not apply to accessory structures.
C. Staff Recommendation:
Staff recommends approval of the requested rear yard coverage and setback
variances.
Board of Adjustment (December 9, 2019)
Jeff Fuller was present, representing the application. There were three (3) objectors
present. Staff presented the application with a recommendation of support and noted e-
mails in opposition were received.
Jeff Fuller addressed the Board in support of the application. He described the
proposed accessory garage structure to the Board.
Sara Beth Hughes addressed the Board in opposition. She noted that Mr. Fuller
overbuilds the lots in the area and clear cuts the lots he develops. She noted that some
properties in the area did not have garages.
Kim Bowman also spoke in opposition. She read an a=mail that she submitted to staff.
She expressed concern with reduced building setbacks in the area with respect to
pedestrian traffic along the roadways. In response to a question from the Board, Ms.
Bowman noted that her concern was with vehicles backing out of the proposed garage.
Natalie Capps also spoke in opposition. She also read an e-mail which she submitted
to staff regarding the proposed variance request.
Mr. Fuller explained that no neighbors had contacted him with concerns since the
required notifications were mailed out. He noted that he could not always meet the
demands of surrounding property owners. In response to a question from the Board,
staff explained that there was additional space between the property line and the edge
of street pavement. Ms. Capps made additional statements in opposition.
There was a motion to approve the application, as recommended by staff. The motion
passed by a vote of 3 ayes, 2 noes and 0 absent. The application was approved.
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