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HomeMy WebLinkAboutZ-6046 Staff AnalysisSeptember 25, 1995 File No Owner: Ad�S Descriptign: Zoned• Variance ReTuested: _Justification: Present Use of Pro ert : Proposed Use of Prone_r: taff Re ort• A. Engineering Issues: No issues B. Staff Analysis: Z-6046 W. Michael Reif 819 North Pine Street Lot 3 and part of Lot 2 Whillock's Replat of Lots 4, 5, 6, 7, 8 and 9, Block 13, Pulaski Heights Addition R-3 Variances are requested from the area regulations of Section 36-255 to permit construction of a garage addition with a reduced side yard setback. The existing house is located at the top of a hill sloping to the north and east. The proposed site of the garage in any other location would require a significant amount of fill to level the site. The proposed garage is to line up with the front wall of the existing house which already has a reduced front yard setback. Single -Family residence Single -Family residence The applicant proposes to construct a garage addition to the south side of this existing single family residence. The proposed addition will have a reduced side yard setback of 3.6 feet. The Ordinance requires a side yard setback of 6.85 feet for this lot. The lot is unusual in that the site of the existing house and proposed garage is the only level part of the property. The remainder of the lot slopes down toward the north and east. Construction of the garage in any other location on the property would require a September 25, 1995 Item Non . significant amount of fill to level the site. Although the addition has a front yard setback of 9.7 feet, there is no variance issue since there is a platted 9.7 foot building line. The lot adjacent to the south is vacant and serves as an expanded side yard for the residence one lot further south. During the initial review of this item, staff noted the unusual shape of the lot and questioned the source of the portion of Lot 2 which is included in the applicant's site plan. Conversations with the applicant confirmed that a 12 foot by 86 foot piece of Lot 2 had been sold to him by Lot 2's owner. The applicant has been advised that this action constituted a violation of the City's Subdivision Ordinance which must be resolved. The applicant has agreed to work with the owner of Lot 2 to properly replat the lots and eliminate this violation. Staff supports the requested approval must be conditioned resolved. C. staff Recommendation: variance but believes that upon the platted issue being Staff recommends approval of the requested side yard setback variance subject to the condition that no building permit is to be issued until the platting issue involving the illegal subdivision of Lot 2 is resolved. BOARD OF ADJUSTMENT: (SEPTEMBER 25, 1995) The applicant, w. Michael Reif, was present. There were no objectors present. Staff presented the item and a recommendation of approval with one condition. Mr. Reif offered no additional comments other than to state that he understood the staff recommendation. A motion was made to approve the requested side yard setback variance subject to the condition that no building permit is to be issued until the platting issue involving the illegal subdivision of Lot 2 is resolved. The motion was approved by a vote of 8 ayes, 0 noes and 1 absent. OAI