HomeMy WebLinkAboutZ-5992 Staff AnalysisJune 26, 1995
Item No.: B
File Nv
Owner:
Address:
Descriptio
n•
Zon
variance Reauested:
Justification:
Present Use of Property:
Proposed Use of Propel=
Staff Report •
A. Enaineering Iss es:
No issues
B. Staff AnalYris:
Z-5992
Arnold Watson
9704 Collie Drive
Lot 20, Woodhaven Subdivision
R-2
variances are requested from the
height and area exceptions of
Section 36-156 and the building
line provisions of Section 31-12 to
allow placement of a satellite
receiving dish with a reduced
street side yard setback and which
is placed across a platted building
line.
Due to the location of trees on the
adjoining property, the satellite
receiving dish will be inoperative
unless it is placed in this
proposed location.
Single Family residence
Single Family residence
This issue is before the Board of Adjustment as a result of
a notice being issued by the Code Enforcement staff.
The applicant has had a satellite receiving dish installed
in the side yard of his property. The company which
installed the satellite dish was unaware of city regulations
regarding the placement of satellite dishes, which are
regulated as accessory structures by the City Zoning
Ordinance. The location was chosen due to the number of
very large trees on the applicant's property and on the
adjacent properties. If the applicant were to cut down
trees on his property and relocate the dish, it is doubtful
June 26, 1995
It m No.• H nt.)
that it would function due to the trees on the adjoining
properties. By locating the dish on the edge of the
applicant's property, the receiving dish has a clear line of
sight to the satellite.
The applicant's property is a corner lot and has a platted
25 foot building line on both street frontages. On a corner
lot, accessory structures are required to maintain a minimum
of a 15 foot setback from a street side property line. The
satellite dish in question is located approximately 1 foot
from the Woodhaven Drive side property line. The requested
variances then are to allow the satellite receiving dish to
have a street side line setback of 1 foot and to be located
beyond the platted 25 foot building line.
The dish itself is constructed of a black mesh material and
is approximately 7.5 feet in diameter. The dish is mounted
on a 10 foot tall pole, giving a total structure height of
12-14 feet.
In reviewing this item, staff looked at the relationship of
the structure to the side street, Woodhaven Drive, and any
possible impact the structure might have on adjacent
properties. The structure is located behind the applicant's
chain link fence and is approximately 10-12 feet from the
curbline of Woodhaven Drive. The house directly west of
this property faces Woodhaven Drive. This adjacent resident
would have some view of the structure, although that view is
softened somewhat by several large trees. Any other
properties which have direct view of the structure are
located across Woodhaven Drive.
Staff believes the proposed satellite receiving dish would
have a minimal impact on the adjacent properties. The
applicant has presented adequate justification for placing -
the structure in the proposed location.
Should the building line variance be approved, the applicant
must file a one lot replat reflecting the Board of
Adjustment's approval. The applicant should review the
filing procedure with the circuit clerk should a revised
Bill of Assurance be required by that office.
C. Staff Recommendation:
Staff recommends approval of the requested street side yard
setback and building line variances subject to a one lot
replat being filed reflecting the Board of Adjustment's
approval.
2
June 26, 1995
item B(Cont.)
BQARD OF AD STMENT: (MAY 22, 1995)
Mark Tanner, of Arkansas Star Satellite, was present representing
the application. There were no objectors present. Staff
presented the item and informed the Board that the applicant had
failed to properly notify property owners within 200 feet of the
site.
Chairman Terry stated that�he thought the proper notification
procedure should be followed.
Mr. Tanner stated that several residents would not sign the
notice form and, in fact, some had not even allowed him on their
property.
Chairman Terry suggested that the notice might be sent via
certified mail.
During the ensuing discussion it was determined that staff would
work with Mr. Tanner, using a street directory, to assemble a
list of residents located within 200 feet of the site.
Mr. Tanner was told to mail a copy of the notice form to each
individual on the list, via certified mail.
A motion was made to defer the item to the June 26, 1995 Board
meeting to allow the applicant to properly notify nearby
residents. The motion was approved by a vote of 8 ayes, 0 noes
and 1 absent.
BOARD OF ADJUSTMENT: (JUNE 26, 1995)
Mark Tanner, of Arkansas Star Satellite, was present representing
the application. There were no objectors present. Staff _-
informed the Board that notices had been mailed to individuals
living within 200 feet of the site based on a list taken from a
street directory. Staff recommended approval of the variance
application.
Mr. Tanner offered no additional comments at that point.
A motion was made to approve the requested street side yard
setback and building line variances for the satellite receiving
dish subject to a one lot replat being filed reflecting the Board
of Adjustment's approval.
The motion was approved by a vote of 6 ayes, 0 noes and 3 absent.
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