HomeMy WebLinkAboutZ-5861 Staff AnalysisAugust 29, 1994
Item No -
3
File No.:
Owne
A_ddress:
Description:
Zoned:
Variance Regqested:
justification:
Present Use of ProT)ert :
Proposed Use of Pronerty:
Staff Repo :
A. Engineering Issues:
No engineering issues
B. Staff Analys :
Z-5861
John Speed
5810 Hawthorne Road
Lot 9, Forest Heights Place Addition
R-2
From the area regulations of
Section 36-254(d) to permit
construction of a deck with a
reduced side yard setback of
0 feet.
It is desirable to maintain the
integrity of the deck design by
keeping it at'a uniform height.
This height provides for an easier
transition from the house to the
deck at both the side and rear
exits.
Single -Family
Single -Family
This issue is before the Board of Adjustment as a result of
enforcement action.- The applicant had a deck constructed
which extends the Width of the house and wraps around the
west side, extending to the front corner of the house. The
majority of the deck is approximately 18 inches above grade,
with railings above that. Due to the slope of the property,
the front corner of the deck, nearest Hawthorne Road, is 2
1/2 - 3 feet above grade. The deck is built to the west
property line. A 6 foot side yard setback is required.
The deck is built at one level throughout, allowing for
easier transition from both the rear and side exits of the
house.
August 29, 1994
Item No.: 3 (Cont.)
There is no visual impact created by the deck since it is
hidden by a 6 foot privacy fence.
Having to remove and rebuild the portion of the deck which
extends into the side yard setback would create a�hardshiP
for the applicant.
Reducing the side yard for this deck is reasonable and
should not have an impact on surrounding properties. The
occupant of the residence adjacent to the west has stated
that she has no objection to the deck.
C. Staff Recommendatio :
Staff recommends approval of the requested variance for the
deck with the condition that no roof or enclosure be
constructed in the side yard setback.
BOARD OF ADJUSTMENT: (AUGUST 29, 1994)
Terri Duncan, of Archadeck, was present representing the
applicant. There were no objectors present. Staff presented the
item and informed the Board that the variance request was the
result of enforcement action by the zoning Enforcement staff.
Dana Carney, of the Planning Staff, stated that he had spoken
with Mrs. Butler, the neighbor adjacent to the west, who stated
she had no problem with the deck as it is.
Chairman Borchert asked if proper notice procedures had been
followed. Mr. Carney responded that all notice procedures had
been followed, including the posting of a sign and hand -carrying
a notice to property owners within 200 feet.
Ms. Duncan addressed the Board and stated thaf she did not intend
to violate the code but had constructed the deck unaware of the
side yard setback requirement.
A motion was made to approve the variance, as recommended by
staff. The motion was approved by a vote of 6 ayes, 0 noes,
1 absent and 2 open positions.
I
The variance was approved with the condition that no roof or
enclosure be constructed in the side yard setback.
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