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HomeMy WebLinkAboutZ-4519 Staff AnalysisAugust 19, 1985 Item No. 6 - Z-4519 Owner: Address: Description: Zoned: Variance Requested: JUSTIFICATION: Marion Curtis & LaVaun Curtis 5102 Hawthorne & Beverly Lot 4, Walthour & Wilbourn's- Replat of Block 3, Newtons Addition. "R-2" Single Family From the height and area provisions of Section 5-101/F.2E - new garage with a 1-foot setback. Construction of a new garage in order to make it more accessible than the present one.' Present Use of Property: Residential Proposed Use of Property: Same STAFF REPORT A. Engineering Issues None reported. B. Staff Analysis The request before the Board of Adjustment is for a two car garage with a 1-foot setback. The intent of the applicant is to replace an existing deteriorated garage, but with the addition of a 5-foot storage area. The provisions of Section 5-101/F.2.E of the zoning ordinance states that any accessory building shall maintain at least 3-feet of setback from any side of rear property line, except where said rear yard abutts on a dedicated alley. No setback shall be required of an accessory building from said alley. Staff feels that the applicant has provided a justifiable hardship for the variance requested, but feels that there are at least three different alternative designs that could be used to eliminate the hardship. w August 19, 1985 Item No. 6 - Continued One being plan number one that would totally eliminate the need of a variance request altogether. Included with the original submitted sketch are the three different plans the staff feels would be more applicable than the one the applicant submitted. The three different sketches are as follows: A. Under plan number one the applicant could bring the proposed garage closer to the rear of the house with a 20-foot drive. This will allow for the required 3-foot setback on both side yards and a rear yard of 30-feet instead of the 20.8-feet originally proposed. This plan also provides for an enclosed garage, and there will be no need for a variance to be filed. B. Under plan number two the applicant can construct a carport 35-feet from the rear of the house and 20-feet from the rear of the property line. The back 5-feet of the carport could be used for storage. The 35-feet will allow for more acccessitrility to the carport when entering and exiting. Plan number two will provide for the required 3-feet setback on one side of the property to the west with a 1-foot variance to the east. C. As illustrated in plan number three, the applicant can construct an enclosed garage with a 22-foot setback from the property line and 31-feet setback from the rear of the house. With this plan, the applicant will be meeting at least one of the side yard requirements of 3-feet to the east and 1-feet to the west. STAFF RECOMMENDATION: At this time, staff cannot support the requested variance as submitted. If the applicant can agree to at least one of the enclosed three designs, then staff would be willing to support the variance. Preferably, plan number one in that it will not require a variance and place no encroachment on the surrounding property owners or side yards. U. August 19, 1985 Item No. 6 - Continued BOARD OF ADJUSTMENT ACTION: The applicant, Mr. Curtis, was present. He provided information that the garage is, in fact, a two -car garage and will be limited to one one-story in height with some storage space at the rear at ground level. There were no objectors in attendance. A discussion followed whereby it was revealed that building the structure at its current location would drain water onto the neighbor's property. It was further determined that a shortening of the eave overhangs could remedy this problem. A motion was then made to recommend approval of the application as filed subject to the applicant taking corrective measures to prevent water falling on the adjacent lot. The motion passed by a vote of 5 ayes, 1 no and 3 absent. August 19, 1985 Item No. 6 - Z-4519 Owner: Address: Description: Zoned: Variance Requested: JUSTIFICATION: Marion Curtis & LaVaun Curtis 5102 Hawthorne & Beverly Lot 4, Walthour & Wilbourn's- Replat of Block 3, Newtons Addition. "R-2" Single Family From the height and area provisions of Section 5-101/F.2E - new garage with a 1-foot setback. Construction of a new garage in order to make it more accessible than the present one.' Present Use of Property: Proposed Use of Property: STAFF REPORT A. Residential Same Engineering Issues None reported. B. Staff Analvsis The request before the Board of Adjustment is for a two car garage with a 1-foot setback. The intent of the applicant is to replace an existing deteriorated garage, but with the addition of a 5-foot storage area. The provisions of Section 5-101/F.2.E of the zoning ordinance states that any accessory building shall maintain at least 3-feet of setback from any side of rear property line, except where said rear yard abutts on a dedicated alley. No setback shall be required of an accessory building from said alley. Staff feels that the applicant has provided a justifiable hardship for the variance requested, but feels that there are at least three different alternative designs that could be used to eliminate the hardship. August 19, 1985 Item No. 6 - Continued One being plan number one that would totally.eliminate the need of a variance request altogether. Included with the original submitted sketch are the three different plans the staff feels would be more applicable than the one the applicant submitted. The three different sketches are as follows: A. Under plan number one the applicant could bring the proposed garage closer to the rear of the house with a 20-foot drive. This will allow for the required 3-foot setback on both side yards and a rear yard of 30-feet instead of the 20.8-feet originally proposed. This plan also provides for an enclosed garage, and there will be no need for a variance to be filed. B. Under plan number two the applicant can construct a carport 35-feet from the rear of the house and 20-feet from the rear of the property line. The back 5-feet of the carport could be used for storage. The 35-feet will allow for more acccessibility to the carport when entering and exiting. Plan number two will provide for the required 3-feet setback on one side of the property to the west with a 1-foot variance to the east. C. As illustrated in plan number three, the applicant can construct an enclosed garage with a 22-foot setback from the property line and 31-feet setback from the rear of the house. With this plan, the applicant will be meeting at least one of the side yard requirements of 3-feet to the east and 1-feet to the west. STAFF RECOMMENDATION: At this time, staff cannot support the requested variance as submitted. If the applicant can agree to at least one of the enclosed three designs, then staff would be willing to support the variance. Preferably, plan number one in that it will not require a variance and place no encroachment on the surrounding property owners or side yards. 0. August 19, 1985 Item No. 6 - Continued BOARD OF ADJUSTMENT ACTION: The applicant, Mr. Curtis, was present. He provided information that the garage is, in fact, a two -car garage and will be limited to one one-story in height with some storage space at the rear at ground level. There were no objectors in attendance. A discussion followed whereby it was revealed that building the structure at its current location would drain water onto the neighbor's property. It was further determined that a shortening of the eave overhangs could remedy this problem. A motion was then made to recommend approval of the application as filed subject to the applicant taking corrective measures to prevent water falling on the adjacent lot. The motion passed by a vote of 5 ayes, 1 no and 3 absent. W.