HomeMy WebLinkAboutZ-5932-A Staff AnalysisApril 27, 1998
Item No.: 1
File No..
Owner-
Address:
Description:
Zoned:
Variance Recruested:
Justification:
Present Use of Property:
Proposed Use of Property:
Staff Report:
A. Public Works Issues:
No issues.
B. Staff Analysis:
Z -5932-A
John and Donna Jameson
20 Hearthside Drive
Lot 27, Overlook Park
R-2
A variance is requested from the
building line provisions of Section
31-12 to permit construction of a
swimming pool across a platted
building line.
This double -frontage lot has both
front and rear building lines,
reducing buildable area. This
request is for reinstatement of a
previous Board of Adjustment
approval.
Single Family
Single Family
On December 27, 1994, the Board of Adjustment approved a
variance to allow the applicants to construct a swimming
pool in the rear yard of their R-2 zoned property located at
20 Hearthside Drive. The variance allowed the pool to be
constructed across a platted 25 foot building line which
runs across the rear of the property, adjacent to Timberlake
Drive. The pool has not 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 of approval of the application
shall be considered void." Since permits were not obtained
by December 27, 1996 and the pool was not built, the Board's
1994 approval is considered void. The applicants are now
April 27, 1998
Item No.: 1
ready to build the pool and are again asking the Board to
approve the building line variance.
Circumstances have not changed since the Board's 1994 action
and staff is still supportive of the requested variance.
The property is a double frontage lot with the front of the
home facing Hearthside Drive and the rear facing Timberlake
Drive. The 25 foot building line on the Timberlake Drive
frontage, combined with the slope of the property and the
existing home, limits the buildable area on the site.
Several other homes on Hearthside Drive have privacy fences,
retaining walls and terraces in the rear yard, along the
Timberlake Drive frontage. Allowing the proposed pool
should have no impact on adjacent properties.
If the building line variance is approved, the applicant
will have to do a one -lot replat reflecting the change in
the building line. The applicant should review the filing
procedure with the Circuit Clerk to determine if the replat
requires a revised Bill of Assurance.
C. Staff Recommendation:
Staff recommends approval of the requested building line
variance subject to a one -lot replat reflecting the change
in the building line as approved by the Board.
BOARD OF ADJUSTMENT:
(APRIL 27, 1998)
The applicant was present. There were no objectors present.
Staff presented the item and a recommendation of approval subject
to a one -lot replat.
The applicant offered no additional comments.
The item was placed on the Consent Agenda and approved as
recommended by staff by a vote of 4 ayes, 0 noes and 1 absent.
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