HomeMy WebLinkAboutZ-5898 Staff AnalysisOctober 31, 1994
Item No.:
File No.: Z-5898
Qwner: Larry Lichty
Address: 5308-Centerwood Road
Description: Lot 99, Prospect Terrace No. 2
Zoned: R-2
variance Requested: From the area regulations of
Section 36-156(2) to permit
construction of an addition to an
existing accessory building which
will have reduced side yard and
rear yard setbacks and which will
occupy more than 30% of the
required rear yard.
.justification: The applicant currently has no
on -site parking and has to park
vehicles on Centerwood Road, a
narrow street now used as a school
bus route. His vehicles have been
hit by others three times in the
last four years. Construction of
this garage will give the applicant
covered, off-street parking.
Present Else of Property: Single-family residential with
accessory dwelling
Proposed Use of Pro ert Single-family residential with
accessory dwelling
Staff Report:
A. Engineering Issues:
No engineering issues
B. Staff Analygis
The applicant proposes to construct a 24 foot by 19 foot
garage addition to the existing accessory building located
at the rear of his property. The proposed addition will
have a side yard setback of 0 feet and a rear yard setback
of 1 foot. The Ordinance requires a 3 foot side and rear
yard setback. The existing accessory structure currently
occupies 581± square feet of the required rear yard. Once
October 31, 1994
Ttgh,m No.:(Cont
the 456 square foot addition is constructed, the entire rear
yard coverage will be 1,037 square feet. The Ordinance
states that accessory structures may not occupy more than
30% of the required rear yard which in this case would limit
coverage to a total of 442 square feet.
The proposed construction is similar to other structures in
the vicinity. Several -other homes -backing up to "O" Street
have accessory structures built with reduced setbacks. "O"
Street, at this point, is a narrow, one-way street with
minimal improvements and serves as a little more than an
exit from the nearby elementary school and access to the
rear of properties fronting on Centerwood.
This property currently has an 8 foot tall, privacy fence
which extends into the "O" Street right-of-way. The fence
will be removed if this application is approved. The visual
impact of the proposed new structure, as viewed from "O"
Street, will not be much greater than that of the existing
privacy fence.
If the requested variance for the reduced side yard setback
is approved, no portion of the structure's roof line may
overhang the property line and proper attention must be
given to designing the structure to eliminate any run-off
onto the adjacent property.
Staff recognizes the'applicant's need for off-street parking
and is aware of the limitations on buildable area available
on the lot. As such, staff supports the requested
variances.
C. Staff Recommendation:
Staff recommends approval of the requested side and rear
yard setback variances and the area coverage variance
subject to the following conditions:
1. No portion of the proposed structure's roof
line may overhang/extend beyond the property
line.
2. The structure is to be designed so as to
eliminate any run-off onto the adjacent
property.
3. The existing privacy fence which extends into
the "O" Street right-of-way is to be removed.
2
October 31, 1994
Item No.: 6 (Cont.
BOARD OF ADJUSTMENT: (OCTOBER 31, 1994)
The applicant, Larry Lichty, was present. Staff presented the
item and a recommendation of approval subject to the three
conditions noted above.
Mr. Lichty asked how long he had to act on the approval before it
expired. He was advised that he had 2 years from the date of
approval to obtain the necessary permits, otherwise the Board
approval is considered void. Mr. Lichty then asked whether he
would have to remove the fence from the right-of-way if he did
not build the garage addition. He was advised that the fence is
in violation of City Code and subject to enforcement as it
exists.
A motion was then made to approve the requested side and rear
yard setback variances and the area coverage variance subject to
the three conditions outlined in the staff recommendation. The
motion was approved by a vote of 7 ayes, 0 noes, 1 absent and
1 open position.
l
September 28, 1998
Item No.: 10 (Z-5898) OTHER MATTERS
Applicant•
Address:
Larry Lichty
5308 Centerwood Road
Type of Issue: Two year extension of previously
approved variances to allow an
addition to an existing accessory
building which will have reduced
side and rear yard setbacks and
which will occupy more than 30% of
the required rear yard.
Staff Report:
On October 31, 1994, the Board of Adjustment approved variances
to allow the applicant to construct an addition onto an existing
accessory building located near the rear property line of his
property at 5308 Centerwood Road. Setback variances were
approved to allow a rear yard setback of 1 foot and a side yard
setback of 0 feet. The Ordinance requires a 3 foot setback in
both instances. An area variance was also approved to allow the
structure to occupy more than 30% of the required rear yard.
Once completed, the total yard coverage of the accessory
structure will be 1,037 square feet. 30% of this lot's required
rear yard amounts to a total of 442 square feet.
There were no objectors present at the October 31, 1994 meeting
and no letters or phone calls had been received in opposition to
the issue. The Board approved the requested variances subject to
the following conditions:
1. No portion of the proposed structure's roof line may
extend/overhang beyond the property line.
2. The structure is to be designed so as to eliminate any run-
off onto the adjacent property.
3. The existing privacy fence which extends into the "O" Street
right-of-way is to be removed.
Article IV, Section 2 of the Board of Adjustment's Bylaws states,
"If an application is approved by the Board, all permits
necessary for the initiation of work shall be obtained within two
(2) years from the date of approval, unless an extension of time
is granted by the Board. Otherwise, the Board approval of the
application shall be considered void."
In preparing for construction, the applicant became aware that
Arkla Gas had a mainline pressure valve situated directly behind
the house that needed to be moved before construction could
begin. Delays in relocating the pressure valve caused the
September 28, 1998
Item No.: iQ Z-5898 Cont. OTHER MATTERS
applicant to approach the Board of Adjustment on May 20, 1996 to
request a two-year extension of the Board's October 31, 1994
approval. That extension was granted, through October 31, 1998
subject to compliance with all previously imposed conditions.
After many delays, Arkla Gas Company completed removal of the
pressure valve and restoration of the applicant's property in
July, 1998. This two-year hiatus, over which the applicant had
no control, prevented him from proceeding with the proposed
construction. In addition, various other ensuing circumstances
and obligations, including his Planning Commission and Downtown
Zoning Committee commitments, will make it impossible to do
anything about the project before expiration of the current
extension on October 31, 1998. Consequently, the applicant is
requesting another two-year extension, through October 31, 2000.
Staff believes the request to be reasonable and supports the
requested 2 year extension subject to all previously imposed
conditions. Public Works Department review indicates "O" Street
has 45 feet of right-of-way and Centerwood has 30 feet of right-
of-way, both deficient according to the Master Street Plan
requirement of 50 feet.
BOARD OF ADJUSTMENT:
(SEPTEMBER 28, 1998)
The applicant was not present. There were no objectors present.
Staff recommended approval of a second extension, through
October 31, 2000, subject to compliance with all previously
imposed conditions.
The item was placed on the Consent Agenda and approved as
recommended by staff. The vote was 4 ayes, 0 noes and 1 absent.
2
May 20, 1996
ITEM NO.: 9 (Z-5898) OTHER MATTERS
APPLICANT:
ADDRESS:
Larry Lichty
5308 Centerwood Road
TYPE OF ISSUE: Two year extension of previously
approved variances to allow an
addition to an existing accessory
building which will have reduced
side and rear yard setbacks and
which will occupy more than 30% of
the required rear yard.
STAFF REPORT:
On October 31, 1994, the Board of Adjustment approved variances
to allow the applicant to construct an addition onto an existing
accessory building located near the rear property line of his
property at 5308 Centerwood Road. Setback variances were
approved to allow a rear yard setback of 1 foot and a side yard
setback of 0 feet. The Ordinance requires a 3 foot setback in
both instances. An area variance was also approved to allow the
structure to occupy more than 30% of the required rear yard.
Once completed, the total yard coverage of the accessory
structure will be 1,037 square feet. 30% of this lot's required
rear yard amounts to a total of 442 square feet.
There were no objectors present at the October 31, 1994 meeting
and no letters or phone calls had been received in opposition to
the issue. The Board approved the requested variances subject to
the following conditions:
1. No portion of the proposed structure's roof line may
extend/overhang beyond the property line.
2. The structure is to be designed so as to eliminate any run-
off onto the adjacent property.
3. The existing privacy fence which extends into the "O" Street
right-of-way is to be removed.
Article Iv, Section 2 of the Board of Adjustment's Bylaws states,
" If an application is approved by the Board, all permits
necessary for the initiation of work shall be obtained within two
(2) years from the date of approval, unless an extension of time
is granted by the Board. Otherwise, the Board approval of the
application shall be considered void."
In preparing to proceed with construction, the applicant became
aware that Arkla Gas has a mainline pressure valve situated
directly behind the house that would need to be moved before
May 20, 1996
item No.: 9 Cont. OTHER MATTERS
construction could take place. Arkla has indicated to the
applicant that it is in their plans to relocate the pressure
valve, but they cannot give a specific date when this will occur.
Consequently, the applicant is requesting a two-year extension of
the approved variances.
Staff believes the request to be reasonable and supports the
requested 2 year extension subject to all previously imposed
conditions. Public Works Department review indicates "O" Street
has 45 feet of right-of-way and Centerwood has 30 feet of right-
of-way, both deficient according to the Master Street Plan
requirement of 50 feet.
HOARD OF ADJUSTMENT:
(MAY 20, 1996)
The applicant, Larry Lichty, was present. There were no
objectors present. Staff presented the item and recommended
approval of the requested two year extension subject to all
previously imposed conditions.
Mr. Lichty explained the issue regarding the relocation of the
Arkla pressure valve.
In response to a question from Chairman Rowland, Mr. Lichty
stated that he understood that all previously imposed conditions
were still in effect.
A motion was made to approve the requested two year extension
subject to all previously imposed conditions. The motion was
approved by a vote of 8 ayes, 0 noes and 1 absent.
2