HomeMy WebLinkAboutZ-6086 Staff AnalysisDecember 18, 1995
item No
Filo No.: Z-6086
Owner: Harry H. and Kay B. Brown
Ada: 311 Crystal Court
Description: Lot 26, Block 15, Midland Hills
Addition
Zoned: R-3
Variance Re ested: A variance is requested from the
height and area exceptions of Section
36-156 to permit the reconstruction
of a one -car garage (accessory
building) with a reduced side yard
setback.
Justification: Applicant's Statement:
I would appreciate your
consideration in regard to my
application for a variance to
rebuild a detached one -car garage
on its existing foundation. The
original structure, a one -car
garage with an attached room and
bath, has become dilapidated and
structurally unsound due to
extensive termite and water damage.
I would like to rebuild only the
one -car garage. The garage is
located at the end of a long
concrete driveway, and due to the
slope of the lot, is largely below
ground level on two sides.
Therefore, extensive work would be
necessary to relocate the garage:
removal of the existing foundation
and construction of a new
foundation, removal of existing
retaining walls and construction of
new ones, significant excavation
and removal of soil, and rerouting
of the existing driveway. For
these reasons, I would like to
utilize the location and foundation
of the present garage.
December 18, 1995
Item N 5 (Cont.)
Pr en Usp, Of Pr r
Proposed—Use of Provert :
taff Report:
A. En ineerin Issues:
Single -Family residence
Single -Family residence
Crystal Avenue has substandard residential street right-of-
way. Platted right-of-way is 40 feet and should be 50 feet
per the Master Street Plan. Dedicate 5 feet of right-of-
way. Any damage that exists prior or after construction to
curb, gutter or sidewalk should be repaired during
construction.
B. Staff Analysis:
The applicant has recently removed an aging accessory
building from the property at 311 Crystal Court. The
accessory building contained a one -car garage with an
attached room and bath. The structure had a one foot
setback from the east side property line. The applicant
proposes to build a new, one -car garage utilizing the
previous structure's foundation and maintaining the one foot
side yard setback which the older structure had. The
ordinance requires accessory buildings to maintain a minimum
side yard setback of 3 feet.
The older structure was located at the end of a long
driveway, and due to the slope of the lot, was largely below
ground level on two sides. Locating the new structure
elsewhere on the lot would necessitate removal of the
existing foundation and construction of a new foundation,
removal of existing retaining walls and construction of new
ones, significant excavation and removal of soil and
rerouting of the driveway.
The previous structure existed for many years and it appears
that it had no impact on adjacent properties. Staff feels
that the applicant has presented adequate justification for
granting of the requested side yard setback variance.
C. Staff -Recommendation:
Staff recommends approval of the requested side yard setback
variance for the proposed new one -car garage subject to the
following conditions:
1. Compliance with the City Engineer's Comments
K
December 18, 1995
item N n
2. The pitch of the roof is to be so designed and
guttering installed so that water does not run off onto
the adjacent property.
3. No portion of the building's eave or overhang many
extend beyond the property line.
BOARD OF ADJU5TMENT• (DECEMBER 18, 1995)
The applicant, Harry Brown, was present. There were no objectors
present. Staff presented the item and a recommendation of
approval, with conditions.
Mr. Brown offered no additional comments other than to state that
he understood the conditions recommended by staff.
The question was called and a vote taken on the application as
submitted, subject to compliance with the three conditions
outlined in the staff recommendation. The item was approved by a
vote of 8 ayes, a noes and 1 absent.
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