HomeMy WebLinkAboutZ-5942 Staff AnalysisJanuary 30, 1995
Gtr.=
File No.:
QLAM -
Address-
Descri.otian:
Zoned:
variance Re ested:
Justification:
Present Use of Piro ert :
Proposed Use of Property:
Staff Report.
A. Fnoineerinqxssues:
No engineering comments
Z-5942
Sam Winstead
#12 Riverview Point
Lot 6, Riverview Subdivision
R-2
Variances are requested from the
area regulations of Section 36-254
and the building line provisions of
Section 31-12 to permit
construction of three -car garage
which will have a reduced side yard
setback of 5 feet and which will
cross a platted 25 foot building
line by 4 feet with a 38 inch
overhand extending further toward
the front property line.
The Ordinance requires an 8 foot
side yard setback and a 25 foot
front yard setback in the R-2
district.
The applicant has contracted with a
third builder to complete this new
home, currently under construction.
The original builder placed the
house on the lot wrong. Also, due
to the excessive slope of the lot,
there is limited buildable area
available.
Single Family residence, under
construction
Single Family residence
u
-y
January 30, 1995
Item No.: 8 (Cont.
B. Staff Anal Sis•
On January 12, 1994, a building permit was issued for the
construction of this 6,400 square foot, single-family
residence. A second permit was issued on October 4, 1994
when a second contractor took over the project. A third
contractor assumed the project in late 1994 and another
replacement building permit was issued on December 28, 1994.
In the process of preparing the area of the site to be
occupied by the three -car garage, the current contractor
discovered that the house was being constructed in the wrong
place on the lot. It appears that front yard setback
measurements had been taken from the curb of the street and
not from the front property line. The net effect is that
the house was located closer to the street than had been
approved. Fortunately, the main body of the house itself
still sits well behind the 25 foot front building line.
There is not, however, enough room left to construct the
three car garage without crossing the building line and also
coming within 5 feet of the side property line.
The wall of the garage, as proposed by the applicant, will
be 8 feet, 2 inches from the side property line. A 38 inch
overhang will extend beyond that, to a point 5 feet from the
side property line. This will leave the overhang out of the
5 foot easement which extends along the side property line.
36 inches of the overhang will extend into the required side
yard setback, 6 inches more than the ordinance allows.
The front wall of the garage will be 21 feet from the front
property line. A 38 inch overhang will extend beyond that
to a point 17 feet, 10 inches from the front property line.
The property slopes down from the street level so that the
majority of the garage will actually be at a lower grade
than the street, thus reducing the visual impact of the
reduced front yard setback.
Staff believes that the proposal is reasonable and supports
the variance requests.
If the building line variance is granted, the applicant
should file a one lot replat and an amended Bill of
Assurance reflecting the changelin the building line.
C. Staff Recommendation:
Staff recommends approval of
and building line variances
portion of the overhang may
which extends along the side
0q
the requested side yard setback
subject to the condition that no
extend into the 5 foot easement
property line.
January 30, 1995
Item No.: 8 Cont.)
BOARD OF ADJUSTMENT: (JANUARY 30, 1995)
Jack Hartsell was present representing the applicant. There were
no objectors present. Staff presented the item and a
recommendation of approval. Staff informed the Board that an
adjacent property owner had not signed the notice of public
hearing. Robert Brown was present representing that adjacent
property owner. Mr. Brown stated that his client had been
working with the applicant on this issue and was well aware of
the Board of Adjustment meeting. Mr. Brown also stated that his
client had no objection to the application.
Mr. Hartsell offered no additional comments.
A motion was made to approve the requested side yard and building
line variances subject to the condition that no portion of the
overhang may extend into the 5 foot easement which extends along
the side property line. The motion was approved by a vote of
6 ayes, 0 noes, 2 absent and 1 open position.
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