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HomeMy WebLinkAboutZ-6210 Staff AnalysisNovember 25, 1996 Item No.: 2 _FileNO.: Owner; A.ddress: .ZLoned: Varianc��_� �este�d: ,justification: present Use of Property: ProDosed Use of Propert : Staff Report: A. Public Works Comments: No issues B. Staff An�k_�sis�: z-6213 Gail Kempner O'Shea 2916 Circlewood Lot 154, Kingwood Place R-2 Variances are requested from the building line provisions of Section 31-12 and the area exceptions of Section 36-156 to permit a carport which is located less than 60 feet from the front property line and which is built across a platted building line. The structure has already been placed on the property, over the existing driveway, by the applicant who was not aware of reg-ulations which prohibit its placement in this location. Single Family residence Single Family residence This issue is before the Board as a result of action by the Codes Enforcement staff. The property at 2916 Circlewood Road is occupied by a single story, frame residential structure which is typical of the neighborhood,. Also, typical of the neighborhood, the house has no carport or garage. Several persons in the area have expanded their houses by enclosing their carports or garages. November 25, 1996 Iteft No.: 2 (Cont.) The applicant, unaware of restrictions against doing so, placed a metal, carport structure over the driveway in front of the house. The carport is located beyond the platted 30 foot building line and has a front yard setback of no more than I foot. The ordinance requires accessory buildings to have a minimum setback of 60 feet from the front property line. The carport has been placed over the driveway, covering an area which has already been used for vehicle parking. With some modification to placement of the structure, staff can support the requested variances. The structure is separated from the house by approximately 9 feet, leaving only 10-11 feet between the structure and the curb of the street. Staff believes the structure should be moved closer to the house to provide 20 feet between the carport and the curb. This would result in a setback of 8-9 feet from the front property line rather than the existing I foot. Additionally, the carport must remain open and unenclosed on all sides to provide adequate movement of light and air. Leaving the structure open and unenclosed could help to mitigate the visual impact of the structure as well. Should the Board approve the building line variance, the applicant will have to do a one -lot replat to reflect the change in the building line. 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 and setback variances subject to the following conditions: 1. The carport is to be moved closer to the house to provide 20 feet between the structure and the curb of the street. 2. The carport is to remain open and unenclosed on all sides. 3. A one -lot replat reflecting the change in the building line as approved by the Board. BOARD OF AD�19.S_TMIENT: (NOVEMBER 25, 1996) The applicant, Gail O'Shea, was present. There were two objectors present. Staff presented the item and a recommendation of approval, with conditions. It was noted that 5 letters of 2 NOvembbr 25, 1996 tem No.: 2. (Cant opposition from neighborhood residents had been presented to the Board. Ms. O'Shea addressed the Board. She stated that she was aware that there was some opposition to the StYle Of carport. Ms. O'Shea stated that she would like to do an architecturally compatible carport addition at some point, but she needed a cover now to protect her car. She offered to do landscaping around the structure to lessen its visual impact. George Fletcher, of 2915 Circlewood, addressed the Board in opposition to the item. He stated that the structure was out of character with the neighborhood. Mr. Fletcher stated that there was no opposition to a modest carport which was architecturally designed to be compatible with the house. He stated that he felt the carport would reduce the value of neighboring properties. Mr. Fletcher concluded by stating that the metal carport was "out of line and out of place. - Kirby Rowland asked if moving the structure closer to the house would make it more acceptable. Mr. Fletcher responded that it would not. In response to a question from willie Lee Brooks, Mr. Fletcher stated that he felt the carport would cause the lowering of property values in the area. Mr. Fletcher acknowledged that he had no basis for that assessment. A motion was made to approve the requested variances subject to the conditions noted in the staff recommendation. The motion failed by a vote of I ayes, 5 noes, 1 absent, 1 open position and 1 abstaining (Alderfer). 3 October 28, 1996 No. * 4 File No.-: Owner: Address: Descril)tiOn: Zoned: variance Reguested: justification: Present Use of Prnper y: Prp posed Use of Pro e!rty: Staff Report: A. Public works Comments: Z-6210 James Self #29 Markham Place Circle Lot 24, Block 4, Parkway Place Addition R-2 A variance is requested from the area regulations of Section 36-254 to permit construction of a sunroom. addition with a reduced rear yard setback. The sunroom, will cover an existing deck and will greatly enhance the appearance of the house and back yard. Single Family residence Single Family residence Existing street is a 27 foot asphalt street curb and gutter with no sidewalk. Property owners are responsible for maintaining curb, gutter and driveway aprons within the public right-of-way. Repair any damaged curb and gutter or driveway apron with construction, staff has no objections to the addition to the rear of this lot. B. Staff Analysis: The owner of the residence located at 29 Markham Place Circle proposes to construct a glass and aluminum sunroom addition onto the rear of the house. The sunroom will be built on an existing 10 foot by 16 foot deck. The existing deck has a rear yard setback of 15 feet. The ordinance requires a rear yard setback of 25 feet in the R-2 district. The lot is relatively shallow, being only 102 feet deep. The house is built with the required minimum front and rear yard setbacks of 25 feet. The existing deck has been in October 28, 1996 Item No.: 4 (Con place for some years and does not appear to have created any problems. The visual impact of the reduced rear yard setback is lessened by a "wet weather- creek, dense shrubbery and a privacy fence located on the rear property line. The property adjacent to the rear is occupied by a single family residence which appears to have a 25 foot setback from the common property line. Staff believes the proposal to be reasonable and supports the requested setback variance. C. Staff Recommendation: Staff recommends approval of the requested rear yard setback variance subject to compliance with Public Works Comments. BOARD OF ADJUSTMENT: (OCTOBER 28, 1996) Scott Girner was present representing the applicant. There were no objectors present. Staff presented the item and a recommendation of approval, with conditions. Mr. Girner offered no additional comments. A motion was made to approve the rear yard setback variance subject to compliance with Public Works Comments. The motion was approved by a vote of 6 ayes, 0 noes, 2 absent and I open position. I 2