HomeMy WebLinkAboutBOA Minute RecordDECEMBER 15, 2022
ITEM NO.: 8
File No.:
Owner:
Applicant:
Address:
Description:
Zoned:
Variance(s) Requested:
Justification:
Present Use:
Proposed Use:
STAFF REPORT
Z-97
Z-9744
Molly Einstein Owens Rev. Trust
Matt Farris
4922 Stonewall Road
Lot 7R, Newton's Addition
W
A variance is requested from the area provisions of Section
36- 254 to allow a residence with a reduced rear setback.
The applicant's justification is presented in an attached letter.
Single Family Residence (under construction)
Single Family Residential
A. Planning and Development Civil Engineering Comments:
No comments required.
B. Landscape and Buffer Comments:
In October 2020 the City adopted the "Heights Landscape Design Overlay District,"
requiring installation of one tree per 40 linear feet of street frontage within the Heights
District Boundary, applicable to [among other types] residential construction in excess
of 600 square feet.
C. Building Codes Comments:
No comments required
D. Staff Analysis:
The R-2 zoned property located at 4922 Stonewall Road is occupied by a two-story
single-family residence which is currently under construction. The new residence will
be set back 25 feet from the front (south) property line and 45.67 feet from the rear
(north) property line. The residence will be located over 10 feet from the east and
west side property lines. The applicant is also constructing a pool house with porch
(one (1) story) within the rear yard area, at the northeast corner of the new residence.
The pool house will be 20 feet-7 inches by 24 feet-7 inches in area and separated
from the principal structure by eight (8) feet. The pool house will be located 17 feet-1
inch from the rear (north) property line, 12 feet-11 inches from the east side property
DECEMBER 15, 2022
ITEM NO.: 8 CON'T. Z-9744
line and over 70 feet from the west side property line. The new residence and pool
house with porch comply with ordinance setback requirements.
The applicant is proposing to connect the pool house with porch (accessory structure)
to the principal residential structure with a one-story breezeway which will be
approximately 18 feet in width. The breezeway connection will be unenclosed on its
east and west sides. With the connection, the pool house with porch (accessory
structure) will become part of the principal structure.
Section 36-254(d)(3) of the City's Zoning Ordinance requires a minimum rear yard
setback of 25 feet for principal structures in R-2 zoning. Therefore, the applicant is
requesting a variance to allow the pool house with porch portion of the principal
structure with a reduced rear setback of 17 feet-1 inch.
Staff is supportive of the requested rear yard setback variance. Staff views the request
as reasonable. The pool house with porch structure is allowed by right without the
breezeway connection. The breezeway connection only adds 144 square feet of
building coverage to the overall lot which is approximately 15,600 square feet in area.
Staff views the variance as very minor in nature and feels that the reduced rear
setback will have no adverse impact on the surrounding properties.
E. Staff Recommendation:
Staff recommends approval of the requested rear setback variance, subject to the
descriptions and any conditions in the "staff analysis", and the following conditions:
1. A building permit being obtained for all construction.
2. Install trees, if deemed applicable at the time of building permitting, in
accordance with Heights Landscape Design Overlay District requirements.
Board of Adjustment
(DECEMBER 15, 2022)
The applicant was present. There were no persons present registered in opposition. Staff
presented the application to the Commission and stated it recommended the rear yard
setback variance be approved with conditions as per the staff report. There was a
consent motion to approve the application. The application was approved on consent.
The vote was 4 ayes, 0 nays and 1 absent.
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