HomeMy WebLinkAboutZ-6224 Staff AnalysisNovember 25, 1996
File No.•
Owner:
Address•
Description•
zoned•
Variance Reauested:
Justification:
Present Use of PrODert:
Proposed Use of Property;
Staff Rem:
A. Public Works Comments:
Z-6224
Stephen and Kathleen Joiner
#49 Valley Estates Drive
Lot 39, Pleasant Valley Estates
R-2
Variances are requested from the
building line provisions of Section
31-12 and the floodway setback
provisions of Section 36-341 to
permit construction of a residence
with reduced setback from the
floodway line and which crosses a
platted building line.
Applicant's Statement: Mr. and
Mrs. Joiner purchased the lot three
years ago with no knowledge that a
floodway line existed on the rear
of the property. They have spent
considerable time developing their
house plans and now realize without
a variance of the 25' setback line
against the floodway line that they
have very limited space left to
construct their home.
They are also requesting a variance
of the front setback line of four
feet. This would allow the porch
of the home to be covered. The
main structure would be two feet
behind the front setback line.
Vacant lot
Single Family residence
Applicant must obtain a development permit for special flood
hazard prior to construction. The applicants garage and
home shall be certified to be at 422.00 NGVD or above per
November 25, 1996
Item No.: 6 Cont.
the plans submitted by White Daters, Inc. Also, applicant
shall provide surface drainage under driveway as previously
agreed upon with White Daters, Inc. The Floodway as shown
shall be staked and the cross section shall be certified to
be the same as prior to construction. Footings must be
located out of floodway area.
B. Staff Analysis:
#49 Valley Estates Drive is located within the gated, single
family residential Pleasant Valley Estates Subdivision off
of Hinson Road. The applicants propose to build a new
residence on this vacant lot. The proposed house will have
a covered porch which will be built four feet across a
platted 36.5 foot building line. Additionally, the house
will be built up to a floodway line on the rear portion of
the site. Section 36-341(h)(2)(a) states "no structure
shall be closer than twenty-five feet to any established
floodway line.
The property has two, 36.5 foot building lines (on the front
and side) and a 25 foot floodway line on the rear.
Maintaining a 25 foot setback from the floodway line would,
in reality, create a 50 foot rear yard setback. Combining
the building lines and a 50 foot rear yard setback would
greatly reduce the buildable area available on the lot.
The 36.5 foot front building line is actually measured from
the curb of Valley Estates Drive which is a private street.
This actually is a fairly standard setback found in other
residential areas which have a 25 foot building line set
behind the public right-of-way. If the Board approves the
building line variance, the porch will have a setback of
32.5 feet from the front property line/curb of the street.
This variance involves only a portion of the porch which
will be covered but unenclosed. Staff believes this minor
variance will not impact adjacent properties.
If the Board approves the building line variance, the
applicant will have to do a one -lot replat to reflect the
change in the building line as 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.
As regards the requested floodway setback variance, staff
depends heavily upon the review and recommendation of the
Public works Engineering Staff. The house will have a rear
yard setback of 25 feet which satisfies the zoning
requirement. The 25 foot setback coincides with the
floodway line. The Engineering Staff has stated that the
floodway setback variance can be approved, subject to
several conditions noted in their comments.
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November 25, 1996
No.: 6 (Cont.
C. Staff Recommendation.:
Staff recommends approval of the requested building line and
floodway setback variances subject to compliance with the
following conditions:
1. A one lot replat to reflect the change in the building
line as approved by the Board.
2. The porch may be covered but is to remain open
unenclosed on all sides other than at the point it
adjoins the house.
3. Compliance with all Public Works Comments.
BDARD OF ADJUSTMENT: (NOVEMBER 25, 1996)
Stephen and Kathleen Joiner were present. There were no
objectors present. Staff presented the item and a recommendation
of approval, with conditions.
The Joiners offered no additional comments other than to state
that they understand the comments in the staff recommendation.
A motion was made to approve the requested building line and
floodway setback variances subject to compliance with the
conditions noted in the staff recommendation. The motion was
approved by a vote of 7 ayes, 0 noes, 1 absent and 1 open
position.
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