HomeMy WebLinkAboutZ-6107 Staff AnalysisMarch 25, 1996
Item No : 2
File No.
Owner:
Address:
D ri ion:
zoned•
Variance Recruested:
Justification:
Present Use of Provert :
Proposed Use of Propert:
Staff Re ort•
A. Public Works Comments:
Z-6107
winrock Development by
Milton Schwerin
#1 Cherryside Court
Lot 32, Block 4, Cherry Creek
R-2
A variance is requested from the
building line provisions of Section
31-12 to permit construction of a
new residence which is proposed to
cross a platted 25 foot building
line.
The lot has three, 25 foot building
lines which makes it difficult to
fit a house on the lot without a
variance.
Vacant
Single family residence
Repair any damaged curb caused with construction.
B. Staff Analysis:
#1 Cherryside Court is a vacant lot located in a new phase
of the Cherry Creek residential development. The applicant
proposes to construct a new single family dwelling on the
lot. As proposed, one corner of the proposed home will
cross a platted 25 foot building line on the Cherryside
Court side of the property. Approximately 7 feet of one
corner of the house will cross the building line. The
encroachment lessens as the building line curves away from
the proposed home.
Plans were drawn up assuming that the lot had a greater
width at the Cherryside Court building line. In fact, the
buildable area between building lines is only 55 feet.
March 25, 1996
Item No,: 2 (Cont.) -
Due to the location of the structure's garage, the house
cannot be turned on the lot. If the house were to be moved
back out of the building line, it would encroach on a 7.5
foot easement along the east property line. Without
substantially redesigning the structure, it cannot be placed
on the lot without a building line variance.
The encroachment is minor and the area of the encroachment
is on a cul-de-sac which lessens its visual impact. At its
closest point, the corner of the house will be 30+ feet from
the street. There are no other structures either existing
or being constructed on the cul-de-sac. Staff believes the
request to be reasonable and supports the variance.
If the building line variance is approved, the applicant
will have to do a one lot replat to reflect the change
approved by the Board. The applicant should review the
filing procedure with the Circuit Clerk to determine if the
replat requires a revised Bill of Assurance.
C. Staff Recommendation:
Staff recommends approval of the requested building line
variance subject to the following conditions:
1. Compliance with Public Works Comments
2. A replat of the lot reflecting the change in the
building line as approved by the Board.
BOARD OF ADJUSTMENT: (MARCH 25, 1996)
The applicant, Milton Schwerin, was present. There were no
objectors present. Staff presented the item and a recommendation
of approval, with conditions.
Mr. Schwerin addressed the Board in support of the item. A
discussion then followed, concerning the need to do a one lot
replat.
A motion was made to approve the building line variance subject
to:
1. Compliance with the Public Works Comments; and
2. A replat of the lot reflecting the change in the building
line as approved by the Board.
The motion was approved by a vote of 7 ayes, 0 noes, 1 absent and
1 open position.
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