HomeMy WebLinkAboutZ-6247 Staff AnalysisJanuary 27, 1997
Item No.: 6
File No.
Owner:
Address-
Description -
zoned:
Variance Requested:
Justification:
Present Use of Property:
Proposed Use of Provert :
Staff Report:
A. Public Works Issues:
Z -6247
Griff Keyes
2601 N. Fillmore Street
Lots 5 and 6, Block 24,
Park View Addition
RW
A variance is requested from the
area regulations of Section 36-254
to permit construction of a new
residence with a reduced rear yard
setback.
The proposed house meets or exceeds
all required setbacks but one. The
proposed rear yard setback greatly
exceeds that of the existing
accessory structure.
Single Family residence and
accessory building
New, Single Family residence
Repair curb and gutter and/or sidewalk damaged during or
prior to construction with construction.
Each street currently has 40 feet of right-of-way versus
City standard 50 feet of right-of-way.
B. Staff Analysis:
The R-2 zoned property located at 2601 N. Fillmore Street is
currently occupied by a one story, frame residence and a
detached carport/storage building. The applicant proposes
to remove these structures and to replace them with a new
two-story residence with an attached garage. The proposed
new residence meets or exceeds all required setbacks with
one exception. A 20 foot rear yard setback is proposed; the
ordinance requires a 25 foot rear yard setback for this lot.
January 27, 1997
Item No.: 6 Cont.
The existing, detached carport/storage building currently
has a rear yard setback of 5 feet. By proposing a new
structure with the garage attached to the house, the
required rear yard setback increases to that required for
the principal structure, 25 feet.
The proposed 5 foot variance, leaving a rear yard setback of
20 feet, is relatively minor and provides more open space in
the rear yard. Although there is significant difference in
the size of the proposed new house compared to the existing
home, all other setbacks are met or exceeded.
There are several mature trees on the property and staff
would encourage the applicant to make every effort to save
as many as possible. For example, an 18 inch oak on the
south side of the property could be saved by the minor
relocation or curving of a proposed sidewalk which extends
from the driveway to the house.
Additionally, staff would encourage
to relocate the existing home rather
Staff believes the variance request
reduced rear yard setback should not
adjacent properties.
the applicant to attempt
than demolishing it.
to be reasonable. The
adversely impact
C. Staff Recommendation:
Staff recommends approval of the requested rear yard setback
variance subject to compliance with Public Works Comments.
BOARD OF ADJUSTMENT:
(JANUARY 27, 1997)
Larry Townley was present representing the application. There
were no objectors present., A letter had been presented to the
Board in which several neighbors asked the applicant to provide a
front yard setback more in line with other homes on the block
(approximately 40 feet). In the letter, the neighbors did not
object to the requested variance.
Mr. Townley stated that he understood staff's recommendation. He
stated that he would attempt to save as many mature trees as was
feasible. Mr. Townley stated that he tried, but to no avail, to
have the existing house moved. He stated that the existing house
would have to be demolished. He noted that moving the proposed
house back to provide a front yard setback of 40 feet would
result in a rear yard setback of 5 feet. Mr. Townley stated that
it was the applicant's desire to be a good neighbor.
Kirby Rowland asked if the Board could approve moving the
proposed house back, resulting in a rear yard setback of 5 feet.
Staff responded that the legal ad stated that the variance was
for a "reduced rear yard setback" and did not specify a distance.
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January 27, 1997
Item No.: 5 Cont.
Dana Carney, of staff, cautioned the Board that moving the house
back would impact the property owners to the rear. He suggested
that the Board might approve moving the house back to a 5 foot
rear yard setback subject to a letter of approval from the
neighbor to the rear.
Mr. Carney also suggested that a compromise might be met,
providing a front yard setback of something between the 25 feet
proposed by the applicant and the 40 feet requested by the
neighbors. Eugene Terry stated that he agreed with that concept.
Mr. Townley stated that he wished to amend the application to
request a rear yard setback of 8.5 feet (5 feet from a stone
wall), resulting in a front yard setback of 40 feet. Mr. Townley
stated that he felt the neighbor to the rear would not object to
the proposal.
A motion was made to approve a variance to allow a rear yard
setback of 8.5 feet from the property line (5 feet from the stone
1 wall) subject to the following conditions:
'\,J. Compliance with Public Works Comments
2. The applicant is to provide a letter signed by all persons
who signed the original notice indicating that they approve
the amended site plan and reduced rear yard setback.
The letter is to be returned to staff within 7 days (by
February 3, 1997).
3. The reduced rear yard setback
the distance that the house is
-property line, -resulting in a
is directly porportional to
pulled back from the front
front yard setback of 40 feet.
The motion was approved by a vote of 5 ayes, 0 noes, 3 absent and
1 open position.
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