HomeMy WebLinkAboutZ-5938 Staff AnalysisJanuary 30, 1995
File No
Owner:
Address:
Descri tion-
Zoned-
Variance Recruested:
Justification:
Present Use of Pro ert :
Proposed Use of Pro ertvi
Staff Report•
A. Engineering Issues:
No engineering comments
B. Staff Anal sis•
Z-5938
Joe Beeler Pevahouse
2412 N. Fillmore Street
Lot 10 and the South 15 feet of Lot
11, Park View Addition
R-2
From the area regulations of
Section 36-254 to permit
construction of an addition with a
reduced rear yard setback of 5
feet. The Ordinance requires a
rear yard setback of 25 feet in the
R-2 district.
The existing residence was
constructed with a front yard
setback of 60 feet, rather than the
typical 25 feet. This reduces the
buildable area of the lot behind
the house.
Single Family residence
Single Family residence
The applicant desires to increase the living space of this
existing, one-story brick and frame, residence by adding an
addition to the rear of the structure. The proposed
addition will have a rear yard tetback of 5 feet. The
Ordinance requires a rear yard setback of 25 feet in the R-2
district. As part of the remodeling project, a portion of
the existing structure which intrudes into the required side
yard setback will be removed.
The house has a front yard setback of 60 feet, far greater
than the 25 feet required by the Ordinance. This pushes the
residence to the rear of the property and greatly reduces
January 30, 1995
Item No
the buildable area available on the rear portion of the
site.
The home located directly behind this property, and which
fronts onto Pierce Street, has been constructed on the front
portion of the lot with a typical front yard setback of 25±
feet. This gives adequate separation from the proposed
addition and the resulting reduced rear yard as submitted by
the applicant.
Section 31-172 of the City's Subdivision Ordinance states
"no building or structure may be erected over or in an
easement." This has been interpreted by the Planning Staff
and the utility companies to mean that the area of the
easement is to remain unobstructed from its lowest point to
the sky. If the applicant builds the structure directly on
the 5 foot easement line which extends across the rear
property line, no portion of the eave may extend beyond the
wall, over the easement without specific approval from all
utility companies and the Public Works Department.
Staff believes that the request is justified and supports
the proposed rear yard setback variance with the
understanding that no portion of the eave may extend over
the easement without approval of all utility companies and
the Public Works Department.
C. Staff Recommendation:
Staff recommends approval of the requested rear yard setback
variance subject to the condition that no portion of the
eave may extend over the easement without specific approval
from the utility companies and the Public Works Department.
HOARD OF ADJUSTMENT: (JANUARY 30, 1995)
The applicant, Joe Pevahouse, was present. There were no
objectors present. Staff presented the item and a recommendation
of approval subject to the condition that no portion of the eave
may extend over the easement without specific approval from the
utility companies and the Public Works Department.
Mr. Pevahouse offered no additional comments.
A motion was made to approve the requested rear yard setback
variance subject to the condition outlined in the staff
recommendation. The motion was approved with a vote of 6 ayes,
0 noes, 2 absent and 1 open position.
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