HomeMy WebLinkAboutZ-6172 Staff AnalysisJuly 29, 1996
Item No.• I
File No.: z-6172
mer: Sheila Shewmake
Address• 1306 Southedge Drive
Descriptio Lot 50, Section "B" North Gate
Subdivision
Zoned• R-2
Variance Reouested: A variance is requested from the
area regulations of Section 36-254
to permit construction of a deck
addition with reduced rear yard
setback.
Justification: Applicant's Statement: We have
been unable to get grass to grow in
our back yard because it is sloped
and is shaded due to some very
large oak trees. We have two sons,
one who is 8 years old. He can't
play in the back yard 90% of the
time because it is too muddy and we
live on a busy street, so our
children have no place to play
outdoors safely. Our efforts to
correct this by planting grass have
not been successful due to the
shaded lot.
Out best solution to this problem
seems to be to build -a deck, and we
have already spent approximately
$1,800 on building materials.
Unfortunately, after investing in
the materials, we found out the
deck may not be within 25 feet of
our property line. The small size
of our lot makes it impossible to
build the deck and meet this
requirement.
Present Use
of Property:
Single
Family
residence
Proposed Use
of Property:
Single
Family
residence
July 29, 1996
Item No.: 7 (Cont.)
Staff Report:
A. Public Works Comments:
House is located in the floodway and the addition is
proposed in the Floodway. This applicationmust be
resected.
B. Staff Analysis:
The applicants propose to construct a deck addition onto the
rear of the home located at 1306 Southedge Drive. The deck
exceeds 12 inches above grade and will extend to within 16
feet of the rear property line. The ordinance requires a 25
foot rear yard setback in the R-2 district. Public works
review of this matter revealed that the subject property is
located within the regulatory floodway. The floodway
encompasses not only the entirety of the property's rear
yard but actually includes the rear portion of the
applicant's home. Federal Emergency Management Agency
regulations state that no variances can be given by the
local community in the regulatory floodway. Section 8-
305(1) of the City Code of Ordinances prohibits new
construction in the floodway unless certification by a
professional registered engineer is provided demonstrating
that the construction will not result in any increase in
flood levels within the community during the occurrence of
the base flood discharge. The applicant must first obtain
approval from FEMA before approaching the City with a
proposal to build in the floodway. The applicant should
contact the City's Floodplain Administrator in the Public
Works Department concerning this issue.
Staff believes that the rear yard setback variance request
should not be heard by the Board until such time as the
floodplain issue is resolved. If FEMA approvgs the proposed
construction, the applicant will still have to come before
the Board for a floodplain variance. Both the setback
variance and floodplain variance can be dealt with at the
same time.
C. Staff Recommendation:
Staff recommends that the item be withdrawn, without
prejudice.
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