HomeMy WebLinkAboutZ-4173 Staff AnalysisFebruary 21, 1984
Item No. 6 - Z-4173
Owner: Robert Martin
Address: #10 Saxony Circle
Description: Lot 95, Allendale Addition
Zoned: "R-2" Single Family District
variance
Requested: From the accessory building setback
requirements of Section 43/5-101.F.2 of
the Code of Ordinances to permit a
4.1 -foot building separation.
Ordinance requires 6 feet and a front
setback of 32 feet. Ordinance requires
60 feet.
JUSTIFICATION:
This lot does not have a conventional rear yard. As,
platted, it is pie shaped, therefore, not having a rear
property line. The building involved in the variance is in
place. A tree occupies the only site behind the residence
where the structure might be relocated. The lot is
unusually configured and access to the rear is hampered by
adjacent fenced yards.
Present Use
of the Property:
Proposed Use
of the Property:
Residence
Remain the same.
STAFF REPORT:
A. Engineering Issues
None were reported.
B. Staff Analysis
The subject site is an irregular lot with little or no
potential for moving a preconstructed building into the
very small rear yard area. The structure at issue is
in place and has been flagged as a zoning violation.
Early discussions with the owner led staff to consider
a signoff on this issue. However, further review and
observation of the site led us to believe that a
variance was the appropriate way to dealwith this
situation. We do not find fault with the request and
point out that this owner has practically no other
February 21, 1984
Item No. 6 - Continued
option for a detached structure on his lot. A building
addition to his house could be placed in this area
maintaining an 8 -foot side yard, a detached accessory
building cannot. We are unsure as to whether there is
a prohibition against accessory structures in this
addition but did note there were several detached
storage buildings on lots in the neighborhood. The
only condition we would attach to a recommendation
would be that this owner erect a privacy fence much
like his neighbor to the east to conceal most of the
structure from view.
C. Staff Recommendation
Approval, subject to comments in the analysis.
BOARD OF ADJUSTMENT ACTION:
The applicant, Mr. Martin, was in attendance. There were no
objectors present. A brief discussion of the proposal was
held. The Board identified for the applicant the potential
of a Bill of Assurance conflict with his accessory building
and cautioned him that their approval would not negate or
set aside Bill of Assurance provisions. As to the potential
for his construction of a 6 -foot opaque fence to screen this
building from the street, Mr. Martin indicated that such a
proposal had already been discussed. A motion was then made
to approve the variance request subject to the provision of
a 6 -foot opaque fence. The motion passed by a vote of
5 ayes, 0 noes and 4 open positions.