HomeMy WebLinkAboutZ-5914 Staff Analysisy
January 27, 1997
Item
File No.: Z-5914
Owner: Thomas J. Rystrom
Address: 5101 Hawthorne Road
Zoned: R-2
Request: The applicant is requesting a two
year extension of a previously
approved variance from the area
exceptions of Section 36-156 to
permit construction of a new
carport and storage building with a
reduced street side yard setback.
Staff Report:
On November 28, 1994, the Board of Adjustment approved a variance
from the area exceptions of Section 36-156 to permit an accessory
building with a reduced street side yard setback of 6 feet to be
constructed on the property located at 5101 Hawthorne Road. The
ordinance requires accessory buildings to maintain a minimum
street side yard setback of 15 feet.
The new structure was to replace two existing accessory
buildings, one of which actually extends approximately 10 feet
into the public right-of-way.
The accessory structure approved by the Board has not yet been
built. Article IV, Section 2 of the Board'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."
The applicant has stated that the cost of the project has made it
impossible to begin construction. He contacted staff and was
advised to request an extension from the Board.
Circumstances have not changed. Staff still supports the
applicant's proposal. Due to the Van Buren Street right-of-way
being 80 feet, the structure will set back nearly 40 feet from
the street itself. Staff feels that removing two structures, one
of which actually extends into the public right-of-way, and
January 27, 1997
Item No.: 8 (Cont.)
replacing them with the proposed single structure is a positive
action.
There were no objectors at the November 28, 1994 Board meeting
and no objections had been received by staff prior to that date.
There were no conditions attached to the approved variance.
Staff Recommendation:
Staff recommends approval of the requested two-year extension of
the previously approved variance. The extension is to expire on
November 28, 1998.
BOARD OF ADJUSTMENT:
(JANUARY 27, 1997)
The applicant, Tom Rystrom, was present. Staff presented the
item and recommended approval of the two-year extension.
In response to a question from the Board, Mr. Rystrom stated that
the older accessory buildings were still in place.
A motion was made to approve the two-year extension, to expire on
November 28, 1998. The motion was approved by a vote of 5 ayes,
0 noes, 3 absent and 1 open position.
November 28, 1994
Item No.:
File No.
Owner.
Address:
Description:
zoned•
Variance Re ested:
.Tustification:
Present Use of Proper :
Proposed ❑se of Provexty;
Staff Report:
A. Engineering Issues:
None
B. Staff Analysis;
Z-5914
Thomas J. Rystrom
5101 Hawthorne Road
Lot 1 and East 1/2 of Lot 2,
Block 12, Newton's Addition
R-2
From the area exceptions of Section
36-156(2) to permit construction of
a new carport and storage building
with a reduced street side yard
setback of 6 feet.
The property is impacted by the 80
foot right-of-way for Van Buren
Street. The applicant wishes to
use the existing driveway and add
only minimum paving on the
property.
Single-family residential
Single-family residential
The applicant desires to construct a new carport and storage
building with a reduced street side yard setback of 6 feet.
The ordinance requires accessory buildings to a -maintain a
minimum of a 15 foot street side yard setback.
The proposed new structure will replace two existing
accessory structures which are currently located in the same
area of the yard. The two structures are a two car carport
and a storage/guest house building. The existing carport
has a street side yard setback of 6 feet and the
storage/guesthouse structure actually extends approximately
10 feet into the public right-of-way.
NQvember 28, 1994
Item No. 6 (Cont.) _
The applicant desires to use the existing driveway for the
new carport which would require adding a minimum amount of
new paving on the site.
Even with only a 6 foot setback, due to Van Buren's
excessive right-of-way, the structure will set back nearly
40 feet from the street itself.
Staff feels that the applicant's proposal to remove two
accessory structures, one of which extends into the public
right-of-way, and replacing them with one new structure is
reasonable. Staff is supportive of the requested variance.
C. Staff Recommendation:
Staff recommends approval of the requested street side yard
setback variance.
BOARD OF ADJUSTMENT: (NOVEMBER 28, 1994)
Board member Tom Rystrom, the applicant, stepped down and
abstained from the vote on this item. He did respond to
questions as the applicant. There were no objectors present.
Staff presented the item and a recommendation of approval. Staff
informed the Board that Mr. Rystrom had failed to notify all
property owners within 200 feet and those who were notified
received the notice 9 days prior to the meeting, not 10 days as
the Board Bylaws require. Staff noted that the required legal ad
was posted in the newspaper and the sign was placed on the
property.
Mr. Rystrom stated that he had been unable to reach all of the
property owners, but those who are most directly impacted by the
requested variance had been notified. He stated that he had
visited some residences 2 or 3 times and was unable to contact
anyone.
A motion was made to approve a variance of the Bylaws, accepting
the notices as submitted by Mr. Rystrom. The motion passed by a
vote of 7 ayes, 0 noes, 1 open position and 1 abstaining
(Rystrom).
A motion was then made to grant the requested street side yard
setback variance. The motion was approved by a vote of 7 ayes,
0 noes, 1 open position and 1 abstaining (Rystrom).
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